McIntosh v. Munson Road MacHinery Co.

This action arose in the county court of Forrest county on a motion filed by the appellant, Tarver McIntosh, against J.E. Gray, sheriff of said county and the surety on his bond, seeking to impose liability on the sheriff for failure to return an execution issued in his favor against the Munson Road Machinery Company.

The sheriff appeared and answered, admitting the issuance of the execution and that he refused to levy on the property of the defendant in execution, for the reason that the judgment on which the execution was issued was void because the judgment was rendered at a time when there…