Perry v. Lewis
Mississippi Supreme Court
Error to the circuit court of Newton county. Hon. Bobert Leachman, Judge. Lewis sued Perry in the court below, in trespass, for taking and converting to his own use, one horse, two yoke of oxen, and one wagon, valued at $1,000.00. Defendant pleaded not guilty, and specially; 1. That, at the December term of the Newton circuit court, plaintiff had sued him on his official bond, as sheriff of that county for the same trespass in takipg said property, and recovered judgment…
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Error to the circuit court of Newton county. Hon. Bobert Leachman, Judge. Lewis sued Perry in the court below, in trespass, for taking and converting to his own use, one horse, two yoke of oxen, and one wagon, valued at $1,000.00. Defendant pleaded not guilty, and specially; 1. That, at the December term of the Newton circuit court, plaintiff had sued him on his official bond, as sheriff of that county for the same trespass in takipg said property, and recovered judgment therefor in the sum of $180.00 and costs, which was paid. (To the plea the plaintiff demurred, upon the ground that this…
1Opinion of the CourtSimrall, J.
The theory, as well as the text of the exemption laws, is, that the property therein mentioned shall “ be exempt from seizure and sale under execution and attachment.” Art. 280, 281, Code, 1887, p. 629 ; 1 sec., act. 1865, p. 137. Two modes are indicated in the act of 1865, to determine, prima facie^ the right of exemption, (4th and 5th sections). In case of doubt, the sheriff may summon three disinterested citizens of the county to resolve, it. Under the 5th section, the judgment debtor may designate the property specifically claimed as exempt, “ and no property so designated, shall be…
2Cited by6 opinions
- Philipowski v. SpencerTexas Supreme Court · 1885
- Thornton v. City of NatchezMississippi Supreme Court · 1906
- Home Insurance v. Tate Mercantile Co.Mississippi Supreme Court · 1918
- Standard Finance Corp. v. BrelandMississippi Supreme Court · 1964
- Furlong v. ThomssenMissouri Court of Appeals · 1885
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