Dyson v. Baker
Mississippi Supreme Court
Eerob, to tbe Circuit Court of Holmes County. Hon. W. B. CUNNINGHAM, Judge. On March 10, 1873, this writ of attachment, sued out by J. J. Baker & Brother against J. H. Carter, was levied by J. J. Baker, one of the plaintiffs specially deputized by the sheriff, on certain lands, as the property of the defendant, and was by the sheriff personally served on James Morris and W. A. Drennan as garnishees. Process against the defendant was returned, “ J. H. Carter is dead.
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Eerob, to tbe Circuit Court of Holmes County. Hon. W. B. CUNNINGHAM, Judge. On March 10, 1873, this writ of attachment, sued out by J. J. Baker & Brother against J. H. Carter, was levied by J. J. Baker, one of the plaintiffs specially deputized by the sheriff, on certain lands, as the property of the defendant, and was by the sheriff personally served on James Morris and W. A. Drennan as garnishees. Process against the defendant was returned, “ J. H. Carter is dead. April 2, 1878; ” and the suit was revived by scire facias against J. L. Dyson, his administrator. To the declaration, which was…
1Opinion of the CourtChalmers, J.
The motion made in the court below to vacate the return *28on the writ of attachment levied on the land should have been sustained. The writ was executed by one of the plaintiffs in person, he having been specially deputized by the sheriff. An interested party cannot execute a writ in his own case. Our statutory provision, that, in cases where the sheriff is interested, all process shall be directed to and served by the coroner, is only a legislative recognition of a common-law principle, and is intended mainly as a designation of the proper officer to act in such cases. Without this provision…
2Cases cited5 opinions
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