Dean v. Bowles
Mississippi Supreme Court
Appeal from the circuit court of Leflore county. Hon. Monroe McClttrg, Judge. Suit by M. A. Bowles ag’ainst T. E. Williams and W. S. Wallace, begun in justice of the peace court, where there was a judgment for plaintiff. On levy of execution J. T. Dean intervened as claimant. From a judgment against claimant, he appeals.
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Appeal from the circuit court of Leflore county. Hon. Monroe McClttrg, Judge. Suit by M. A. Bowles ag’ainst T. E. Williams and W. S. Wallace, begun in justice of the peace court, where there was a judgment for plaintiff. On levy of execution J. T. Dean intervened as claimant. From a judgment against claimant, he appeals. On April 10, 1909, appellee instituted suit in a court of a justice of the peace against T. E. Williams and W. S. Wallace upon a note due April 13, 1909) On the same day this judgment was rendered, execution was issued thereon and levied upon the property here in controversy,…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above). The amendment of the affidavit, by adding the name of the justice before whom it was made to the jurat thereto, was unnecessary for the reason that no one but a defendant in execution can complain of the premature issuance thereof. 1 Freeman on Executions, Section 25.
Two of appellant’s assignments of error are: First, that an attempt had been made to materially alter the note upon which the judgment on which the execution in question was issued was rendered; and, second, that the suit on which this judgment was rendered was prematurely brought. Neither of…
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