Burleson v. Milan
Mississippi Supreme Court
Error to the Circuit Court of Tallahatchie County. Hon. Samuel Powell, Judge. An attachment was sued out by one Houston, before a justice of the peace, for $145, and Milan was garnished.
Read the full summary
Error to the Circuit Court of Tallahatchie County. Hon. Samuel Powell, Judge. An attachment was sued out by one Houston, before a justice of the peace, for $145, and Milan was garnished. The justice refusing to render judgment against Milan on his answer, Burleson and others, the plaintiffs in attachment, appealed to the Circuit Court, where the garnishment was tried on the following agreed state of facts : — Milan was a constable, and had made upon an execution in his hands a certain sum of money for Houston, who was plaintiff in execution. When Milan was garnished he had not returned the…
1Opinion of the CourtCampbell, J.
Is a constable, who", by virtue of an execution in his hands as such, has collected money for the plaintiff therein, liable to be garnished in an attachment against such plaintiff, before the return-day of said execution, and while said money is still in the hands of the constable?
This question is answered in the negative by many authorities, and they were followed by the Circuit Court in this case. They rest on the doctrine that what is in the custody of the law cannot be seized by legal process, and that serious embarrassments and inconveniences may result from permitting an officer having…
2Cases cited4 opinions
- New Haven Steam Saw-Mill Co. v. FowlerSupreme Court of Connecticut · 1859
- Hurlburt v. HicksSupreme Court of Vermont · 1845
- Trotter v. ParkerMississippi Supreme Court · 1860
- Gray v. MaxwellSupreme Court of Georgia · 1873
3Cited by4 opinions
- Dahms v. SearsOregon Supreme Court · 1885
- Challenge Co. v. SartinCourt of Appeals of Texas · 1924
- Fearing v. ShafnerMississippi Supreme Court · 1885
- Mills v. WardMississippi Supreme Court · 1924