Howard v. Priestly
Mississippi Supreme Court
Appeal from the Chancery Court of Madison County. Hon. E. Gr. Peyton, Chancellor. On the 21st of June, 1879, a fieri fiadas was issued from the Chancery Court of Madison County on a decree in favor of the appellants against D. J. Nichols, and was on the same day delivered to the appellee, J. T. Priestly, to execute, as sheriff of the county.
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Appeal from the Chancery Court of Madison County. Hon. E. Gr. Peyton, Chancellor. On the 21st of June, 1879, a fieri fiadas was issued from the Chancery Court of Madison County on a decree in favor of the appellants against D. J. Nichols, and was on the same day delivered to the appellee, J. T. Priestly, to execute, as sheriff of the county. The writ was returnable on the third Moncfky of July, 1879. The sheriff’s return on the writ was-in the following language: “ Levied on [certain described real estate] by advertising the same in the Canton Mail of August 9, 1879, too late for return at…
1Opinion of the CourtChalmers, C. J.
It was settled in Trotter v. Parker, 38 Miss. 473, that the Circuit Court might allow a sheriff to amend his return on a fieri facias at the return-term thereof, notwithstanding a motion might then be pending against him in relation to said return.
It is insisted that this right of the court to permit such amendment ceases with the expiration of the. return-term of the process; that the correctness of the return then made becomes an adjudication of the court, which fixes the rights of the parties, and cannot thereafter be allowed to be amended so as to divest vested rights. If the principle…
2Cases cited1 opinion
- Trotter v. ParkerMississippi Supreme Court · 1860
3Cited by1 opinion
- Great Southern Life Ins. v. GomillionMississippi Supreme Court · 1927