Barnett v. Ring
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. On December 17, 1874, G. E. Ring, the defendant in error, on a demand of $987, sued out, from a justice of the peace, a writ of attacbment against A. Barnett, the plaintiff in error, returnable to the Circuit Court of Warren County.
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Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. On December 17, 1874, G. E. Ring, the defendant in error, on a demand of $987, sued out, from a justice of the peace, a writ of attacbment against A. Barnett, the plaintiff in error, returnable to the Circuit Court of Warren County. This writ was executed by R. Adams, a constable, who seized eleven bales of cotton, property of the defendant in attachment, found in Warren County, and made his return accordingly, but did not deliver the property to the sheriff. On February 10, 1875, the defendant in error, on a demand of…
1Opinion of the CourtCampbell, J.
The Circuit Court of Warren County had jurisdiction of the attachment which was sued out and levied on property in that county, although the defendant had his residence in Sunflower County. Section 522 of the Code requires ordinary suits to be “ commenced in the Circuit Court of that county in which the defendants, or any one of them, may be found,” but section 1429 clearly contemplates the return of the writ of attachment to the proper court of the county in which the writ was issued and levied, and section 1432 requires duplicate writs of attachment issued to any other county to be…
2Cited by4 opinions
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