Lewis v. Garrett's Administrators
Mississippi Supreme Court
IN ERROR. This was a motion in the Wilkinson, circuit court against William T. Lewis, as sheriff, and the other plaintiffs in error as the sureties on his official bond, to recover the full amount of an execution, with interest at the rate of thirty per centum per annum, according to the statute, and was-grounded on the return of the sheriff, Lewis, on the execution, which was in the following-words, “not levied to April, 1839,” and signed by “W. T. Lewis, sheriff.”
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IN ERROR. This was a motion in the Wilkinson, circuit court against William T. Lewis, as sheriff, and the other plaintiffs in error as the sureties on his official bond, to recover the full amount of an execution, with interest at the rate of thirty per centum per annum, according to the statute, and was-grounded on the return of the sheriff, Lewis, on the execution, which was in the following-words, “not levied to April, 1839,” and signed by “W. T. Lewis, sheriff.” After hearing the parties, the court rendered a judgment for the full amount of the execution, and the rate of interest allowed…
1Opinion
A re-argument having been awarded on application of counsel,
Judge Trotter
delivered the following opinion:
We have not been able to find any reason for changing the opinion which was given in this cause at the last term. The case was then considered in reference to the liability of the sheriff., to the summary proceeding by motion for failing to obey the order of the court, or to execute or return its process, or any abuse of the administration of justice, in discharging his functions. The power to convict and punish in such cases, in a summary way, was considered to be inherent in the court,…
2Cases cited4 opinions
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- M'Whorter v. MarrsSupreme Court of Alabama · 1827
- Kirkmans v. HarkinsSupreme Court of Alabama · 1834
- Mongin v. HarrisonSupreme Court of Alabama · 1840