Miller v. Edwards
Mississippi Supreme Court
Feom the circuit court of Noxubee county. Hon. G. B. Huddleston, Judge. A writ of attachment was issued, at the suit of the appellants, by a justice of the peace of Noxubee county, directed to the sheriff or any constable of Kemper county. It was executed by one O’Brien, a private person, in Kemper county, under a special appointment as deputy constable, fnade by the magistrate who issued the writ. On motion of defendant, the writ was quashed and the proceeding dismissed.
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Feom the circuit court of Noxubee county. Hon. G. B. Huddleston, Judge. A writ of attachment was issued, at the suit of the appellants, by a justice of the peace of Noxubee county, directed to the sheriff or any constable of Kemper county. It was executed by one O’Brien, a private person, in Kemper county, under a special appointment as deputy constable, fnade by the magistrate who issued the writ. On motion of defendant, the writ was quashed and the proceeding dismissed. The court below having also dismissed the cause on the merits, on the ground that no part of plaintiff’s debt was due, it…
1Opinion of the CourtWhitfield, J.
Section 2403, code of 1892, does not authorize a justice of the peace to specially appoint -a private person, in a case of emergency, to execute process outside the county in which he is such justice of the peace. In Barnett v. Ring, 55 Miss., 97, the alias writ was received and executed by the sheriff, and the property dealt with by him thereunder. Here the sheriff had no writ at all, and dealt with the property solely under the void levy of the specially deputized private person. In Bates v. Crow, 57 Miss., 676, the court reversed the case because the suit, on the merits, was erroneously…
2Cases cited2 opinions
- Barnett v. RingMississippi Supreme Court · 1877
- Bates v. CrowMississippi Supreme Court · 1880