Ellison v. Lewis
Mississippi Supreme Court
Errok to tbe Circuit Court of Warren County. Hon. ÜRTON M. YoUNG, Judge. Keplevin at common law, as under our statute, is purely a local action and. depends on the situs of the property. If the sheriff returns the writ “ no property found,” although it is served on the defendant, the suit can proceed no further. The statute does not provide for any of the consequent writs of the common law.
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Errok to tbe Circuit Court of Warren County. Hon. ÜRTON M. YoUNG, Judge. Keplevin at common law, as under our statute, is purely a local action and. depends on the situs of the property. If the sheriff returns the writ “ no property found,” although it is served on the defendant, the suit can proceed no further. The statute does not provide for any of the consequent writs of the common law. The statutory action of replevin is a proceeding in rem, which the court has no power to try unless the property is within its territorial jurisdiction. Turner v. Lilly, 56 Miss. 576. If the action can be…
1Opinion of the CourtCampbell, J.
The plaintiff sued out a writ of replevin in Yicksburg, Warren County, for a mule which was there, and was seized under the writ, and the defendant was summoned there to answer the action. He appeared, and made affidavit that he was a resident of Hinds County, at the time of the suing out of the writ, and upon this affidavit moved to dismiss the case for want of jurisdiction in the court in Warren County. The writ was issued by and returnable before a justice of the peace in Yicks-burg. The motion to dismiss was denied by the justice of the peace, but on appeal to the Circuit Court a motion…
2Cases cited1 opinion
- Cain v. SimpsonMississippi Supreme Court · 1876
3Cited by3 opinions
- Shoemake v. Federal Credit Co.Mississippi Supreme Court · 1940
- J. F. Baum & Co. v. BurnsMississippi Supreme Court · 1888
- Hurlburt v. WestbrookMississippi Supreme Court · 1916