Clark v. Clinton
Mississippi Supreme Court
Appeal from the Circuit Court of De Soto County. Hon. A. T. Roane, Judge. The appellee, a deputy sheriff, levied an execution upon certain personal property. The execution issued from a judgment which had been rendered by R. B. Holiday, a justice of the peace, in favor of Roper against Charles Clark. Rosa Clark obtained a writ of replevin from Holiday against the officer, the writ being made returnable before T. A. Hanserd, another justice in the same county.
Read the full summary
Appeal from the Circuit Court of De Soto County. Hon. A. T. Roane, Judge. The appellee, a deputy sheriff, levied an execution upon certain personal property. The execution issued from a judgment which had been rendered by R. B. Holiday, a justice of the peace, in favor of Roper against Charles Clark. Rosa Clark obtained a writ of replevin from Holiday against the officer, the writ being made returnable before T. A. Hanserd, another justice in the same county. The case coming on to be heard before Hanserd, he directed the form of action to be changed and made up an issue between the plaintiff…
1Opinion of the CourtCooper, J.
_ The suit was. properly dismissed by the circuit court. The facts set forth in the affidavit for replevin show that the writ should not *339have issued as the property was in the hands of the officer by virtue of a levy under execution. Code of 1800, § 2633. The justice before whom the writ was returned had no authority to change the form of action from replevin to the claimant’s issue. The judgment upon which the execution was issued was not in his court and the execution was not returnable before him. Upon the dismissal of the suit it was proper for the court to render judgment on the bond of…
2Cited by2 opinions
- Conn v. S. Bernheimer & SonMississippi Supreme Court · 1889
- S. Bernheimer & Sons v. MartinMississippi Supreme Court · 1889