Memphis Grocery Co. v. Anderson
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. F. A. Montgomery, Judge. •The Memphis Grocery Company attached the Prentiss Lumber Company, and the writ was levied on certain machinery, part of which, a twin engine, was claimed by the Valley Land Company.
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From the circuit court of Sunflower county. Hon. F. A. Montgomery, Judge. •The Memphis Grocery Company attached the Prentiss Lumber Company, and the writ was levied on certain machinery, part of which, a twin engine, was claimed by the Valley Land Company. On the trial the claimant, the Valley Land Company, recovered judgment, from which the Memphis Grocery Company appealed to the supreme court, giving a supersedeas bond, but had no writ of supersedeas issued and gave the sheriff no notice of the appeal with supersedeas. After this the Valley Land Company removed the twin engine from the…
1Opinion of the CourtWoods, C. J.
It is certain that no certificate or writ of supersedeas was ever issued after the bond for appeal was given, and, of course, there was never any delivery or service of such certificate or writ to the sheriff, and until official notice had been given that officer, it was his duty to obey the j udgment of the court, which directed him to turn over and deliver the twin engine to the successful claimant. Whether he might have turned over the engine on failure of the plaintiff in attachment, for more than five *325clays, to perfect an appeal from the j udgment in favor of the claimant, under § 173 of…
2Cases cited5 opinions
- Foster v. WileyMichigan Supreme Court · 1873
- Bank of Commonwealth v. HilesCourt of Appeals of Kentucky · 1836
- Bryan v. . HubbsSupreme Court of North Carolina · 1873
- Hopkinson v. SearsSupreme Court of Vermont · 1842
- Payne v. The GovernorSupreme Court of Alabama · 1850
3Cited by1 opinion
- McCandless v. StateMississippi Supreme Court · 1932