Harris Ice Cream Co. v. Hartsock
Mississippi Supreme Court
Appeal from circuit court of Perry county. Hon. R. S. Hall, Judge. Action by the Harris Ice Cream Company against L. J. Hartsock. Judgment for plaintiff and execution issued. Defendant replevined property levied on, and after an indemnifying bond was given, and after a judgment adverse to defendant in justice court, it was on appeal agreed that the suit should be considered as brought on the bond. Judgment for defendant, and plaintiff appeals.
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Appeal from circuit court of Perry county. Hon. R. S. Hall, Judge. Action by the Harris Ice Cream Company against L. J. Hartsock. Judgment for plaintiff and execution issued. Defendant replevined property levied on, and after an indemnifying bond was given, and after a judgment adverse to defendant in justice court, it was on appeal agreed that the suit should be considered as brought on the bond. Judgment for defendant, and plaintiff appeals. The suit was not brought according to law, in its very inception section 2145, Code of 1906, recites: “Defendant may replevy, by giving bond with…
1Opinion of the Court
■Ethridge, J.,
delivered the opinion of the court.
The Harris Ice Cream Company procured a judgment against L. J. Hartsock for one hundred and sixty dollars and thirty-five cents, and execution was issued thereon and *278certain furniture leyied upon by the constable. The appel-lee claimed a portion of the property levied upon as exempt property under section 2147, Code of 1906, section 1822, Hemingway’s Code. He sued out a writ of replevin for the property instead of filing a claimant’s issue, or a claim of exemption under the claimant’s issue statute, and this was served by the sheriff upon the…
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