Forniquet v. Tegarden
Court of Appeals of Mississippi
In error from the circuit court of Harrison county; Hon. W. P. Harris, judge. The facts of the case are contained in the opinion of the court; and the question is simply whether a bond of indemnity given before a levy is made, is valid in law.
1Opinion of the CourtJustice Yerger
This record presents a question somewhat novel in this State, and one of considerable practical importance. Can a sheriff or other officer, in whose hands an execution has been placed, take a valid indemnifying bond before making a levy, where he has *97doubts, whether the property is subject to the execution or not?
The statute of this State, Hutch. Code, 900, only provides for a bond of indemnity after levy, and if an officer possesses any power to take the bond above indicated, he must possess it by virtue of the common law.
It is insisted that a bond given to an officer to induce him to do his…
2Cited by4 opinions
- State ex rel. O'Bryan v. KoontzSupreme Court of Missouri · 1884
- Dabney v. StackhouseMississippi Supreme Court · 1873
- Smith v. RobinsonOhio Circuit Courts · 1888
- Smith v. RobinsonFayette Circuit Court · 1888