Legal Opinion

Ross v. Hawthorne

Mississippi Supreme Court

Decided April 15, 1878PublishedCited by 2 opinions

Error to the Circuit Court of Madison County. J. W. Downs, Special Judge, by agreement of the parties, Hon. S. S. Calhoon being disqualified. A. Baldwin & Co. having recovered before E. C. Postell, a justice of the peace of Madison County, a judgment by default against John Hawthorne, an execution was issued thereon, and levied by R. J. Ross, sheriff of Madison County, on a horse.

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Error to the Circuit Court of Madison County. J. W. Downs, Special Judge, by agreement of the parties, Hon. S. S. Calhoon being disqualified. A. Baldwin & Co. having recovered before E. C. Postell, a justice of the peace of Madison County, a judgment by default against John Hawthorne, an execution was issued thereon, and levied by R. J. Ross, sheriff of Madison County, on a horse. John Hawthorne, who claimed that the animal was •exempt from seizure and sale, brought against Ross, the sheriff, an action of replevin before Robert Powell, mayor of Canton and ex-officio justice of the peace of…

1Opinion of the CourtSimrall, C. J.

The question chiefly argued by counsel is whether the judgment-debtor who sets up title to the personal property, as ■exempt from execution, can bring the ordinary action of replevin against the sheriff.

The case of Mosely v. Anderson, 40 Miss. 50, is an authority directly against the position of the plaintiff in error, unless there has been some change in.the statute-law since the revision of 1857. The objection made in that case was that the Code (sec. 529) gave an action against the sheriff for a levy or seizure of exempt personal property, and that was the only remedy. But another…

2Cases cited3 opinions

  1. Ford v. DyerMississippi Supreme Court · 1853
  2. Yarborough v. HarperMississippi Supreme Court · 1852
  3. Hopkins v. DrakeMississippi Supreme Court · 1870

3Cited by2 opinions

  1. Clayton-Hughes Co. v. GlassMississippi Supreme Court · 1925
  2. Lee v. DunbarDistrict of Columbia Court of Appeals · 1944

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