Peck v. Critchlow
Mississippi Supreme Court
IN ERROR from the circuit court of the county of Warren. At October term, 1840, of the circuit court of Warren county, plaintiff in error moved the court for execution against the defendants, on a bond for rent due and in arrear by said Critchlow, with other defendants as sureties; which bond had been executed upon an attachment for rent being levied.
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IN ERROR from the circuit court of the county of Warren. At October term, 1840, of the circuit court of Warren county, plaintiff in error moved the court for execution against the defendants, on a bond for rent due and in arrear by said Critchlow, with other defendants as sureties; which bond had been executed upon an attachment for rent being levied. The property was replevied and restored to Critchlow; bond was forfeited; motion regularly entered; notices formally served, and the provisions of the act in such cases provided were strictly pursued, with the exception that in the replevin…
1Opinion of the CourtJustice Clayton
This was a motion for execution upon a bond entered into for goods distrained for rent. The motion was overruled by the court below, and an appeal in the nature of a writ of error taken to this coirrt. Several grounds are relied on in the argument in support of the opinion of the circuit court. In the first place, it is insisted that the law authorizing the proceeding by distress for rent is unconstitutional and void; and the case of Smith v. Smith, 1 How. 102, is cited in support of the position. The principle of that case seems not to have been followed by this court, in some others of a…
2Cases cited1 opinion
- Taylor v. BenhamSupreme Court of the United States · 1847
3Cited by1 opinion
- State v. CraigSupreme Court of Alabama · 1847