Bates v. Crow
Mississippi Supreme Court
Error to the Circuit Court of Itawamba County. Hon. J. A. GreeN, Judge. The irregularity on the constable’s part in taking the replevy bond affects neither the action nor the attachment proceeding. Acts 1878, p. 193. The most that could be done was to set aside the return.
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Error to the Circuit Court of Itawamba County. Hon. J. A. GreeN, Judge. The irregularity on the constable’s part in taking the replevy bond affects neither the action nor the attachment proceeding. Acts 1878, p. 193. The most that could be done was to set aside the return. Lawrence v. Fealherston, 10 S. & M. 345. Appearance and a plea to the merits gave jurisdiction, and the court should have proceeded to award a personal judgment, regardless of the disposition of the property made by the officer. Jones v. Hunter, 4 How. 342; Henderson v. Hamer, 5 How. 525; Miller v. Facing, 8 S. & M. 421;…
1Opinion of the CourtChalmers, J.
An attachment writ for eleven hundred and fifty dollars, issued by a justice of the peace, was levied by a constable upon property valued at that sum, and the officer, instead of turning over the property and the writ to the sheriff of the county, as required by the statute, accepted from the defendant a replevy bond for the property, which, with the writ, he returned into the Circuit Court. Upon motion in that court the case was dismissed upon the ground that no jurisdiction had been acquired, inasmuch as the constable was not an officer of the Circuit Court, and could not by his return give…
2Cases cited2 opinions
- Lumbley v. ThomasMississippi Supreme Court · 1887
- Lewenthall v. Mississippi MillsMississippi Supreme Court · 1877
3Cited by2 opinions
- Miller v. EdwardsMississippi Supreme Court · 1898
- Wood v. BailyMississippi Supreme Court · 1900