Waddell v. Magee
Mississippi Supreme Court
Error to the Circuit Court of Marion County. Hon. Uriah Millsaps, Judge. This was an action of replevin, by John and Charles Magee, against the sheriff of Marion County, who had levied an attachment, sued out, at the instance of a creditor of one Elisha Magee, on the property then in possession of the plaintiffs.
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Error to the Circuit Court of Marion County. Hon. Uriah Millsaps, Judge. This was an action of replevin, by John and Charles Magee, against the sheriff of Marion County, who had levied an attachment, sued out, at the instance of a creditor of one Elisha Magee, on the property then in possession of the plaintiffs. On the trial, the court instructed for the plaintiffs, — “ 4. If the jury believe from the evidence that the property in dispute was not subject to the payment of the debts of Elisha Magee, as whose property it was seized by the defeiidant, under the writ of attachment, they will…
1Opinion of the CourtCampbell, J.
It is assigned for error that the record does not show that the jury which tried the issue were sworn. The entry is, “. . . came a jury of good and lawful men, to wit (naming them), who, being elected and empanelled a true verdict to render,” &c. It has been several times decided in this State that the record must show that the jury were sworn to try the issue; but these decisions will not be followed by this court, as they are not supported by reason. The statute (Code of 1871, § 744), which is a copy of that in the Code of 1857, which followed the former statute, requires petit jurors to be…
2Cases cited1 opinion
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