Legal Opinion

Garrett v. Hamblin

Mississippi Supreme Court

Decided November 15, 1848PublishedCited by 1 opinion

In error from the circuit court of Madison county; Hon. John H. Rollins, judge. [Judge Rollins being interested, did not preside at the trial of the cause ; the parties, in obedience to the statute, selected the Hon. Robert Hughes to sit as judge, in the case, and he presided accordingly.] Lewis M. Garrett made his motion in the Madison circuit court, at the May term, 1844, against Samuel Hamblin, sheriff of that county, and William Cooper, Hugh A. H. Lawson, Nathan B.…

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In error from the circuit court of Madison county; Hon. John H. Rollins, judge. [Judge Rollins being interested, did not preside at the trial of the cause ; the parties, in obedience to the statute, selected the Hon. Robert Hughes to sit as judge, in the case, and he presided accordingly.] Lewis M. Garrett made his motion in the Madison circuit court, at the May term, 1844, against Samuel Hamblin, sheriff of that county, and William Cooper, Hugh A. H. Lawson, Nathan B. Whitehead, John B. Moore, James S. Pritchard, John H. Bishop, Edmund D. Ward, and Samuel Hunter, his securities, in his bond…

1Opinion of the CourtJustice Thacher

This is a motion against the sheriff of Madison county, under that clause of the statute which provides against any sheriff, who shall make any return upon an execution, which shall show that the sheriff hath voluntarily and without authority omitted to levy the same. H. & H. 642, sec. 42.

*238On the 5th day of November, 1840, an attachment came to the hands of the sheriff, at the suit of Garrett against Tinnin. It was executed by his deputy, Hickerson, upon certain slaves, cotton, packed and in the seed, com, horses and mules, as returned by the sheriff at the May term, 1841, of the circuit…

2Cited by1 opinion

  1. Bryant v. SevierMississippi Supreme Court · 1945

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