Coleman v. Mississippi & Alabama Rail Road
Mississippi Supreme Court
ERROR to the circuit court of Rankin county. This was a motion against the sheriff; Willis P. Coleman, and his sureties, for a failure to return an execution. Judgment was rendered for the plaintiffs in the motion. Exceptions taken, and writ of error. The defendants in the motion demanded a jury trial, which was refused. It did not appear from the record, that, there was any fact in dispute, except the want of notice.
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ERROR to the circuit court of Rankin county. This was a motion against the sheriff; Willis P. Coleman, and his sureties, for a failure to return an execution. Judgment was rendered for the plaintiffs in the motion. Exceptions taken, and writ of error. The defendants in the motion demanded a jury trial, which was refused. It did not appear from the record, that, there was any fact in dispute, except the want of notice. The bill of exceptions contained a copy of a notice returned served by the coroner, who it was said was not legally qualified; but parol evidence, if any in relation to the…
1Per curiam
A motion was made in the circuit court of Rankin county, against the sheriff and his sureties for failing to return a fieri facias, and judgment rendered thereon. A bill of exceptions was taken to the opinion of the court in sustaining the motion, and this writ of error brought.
It seems that the defendants objected to the judgment and asked for a jury trial, which was refused. It is insisted that the act giving the summary remedy by motion is unconstitutional, because it violates the right of trial by jury. This question was fully discussed, and a decision made at the present term of the…
2Cited by1 opinion
- Gladdis v. CleggMississippi Supreme Court · 1918