Legal Opinion

Tucker v. Byars

Mississippi Supreme Court

Decided April 15, 1872PublishedCited by 2 opinions

Error to the circuit court of Madison county. Campbell, J. 1. Insisted that tlie return of a service of process in the court below was insufficient, and cited Crozier et ux. v. Gforren, 41 Miss. 564 ; Poster et al. v. Simmons, 40 ib. 585. 2. That the return was made by a “constable” instead of by the “sheriff,” which was illegal, and cited Laws of 1860, Session Acts, p. 203. 3. The return showed a levy on personal property, valued at $1,500 ; that eight hundred bushels of…

Read the full summary

Error to the circuit court of Madison county. Campbell, J. 1. Insisted that tlie return of a service of process in the court below was insufficient, and cited Crozier et ux. v. Gforren, 41 Miss. 564 ; Poster et al. v. Simmons, 40 ib. 585. 2. That the return was made by a “constable” instead of by the “sheriff,” which was illegal, and cited Laws of 1860, Session Acts, p. 203. 3. The return showed a levy on personal property, valued at $1,500 ; that eight hundred bushels of corn, two bales of cotton and four mules were taken by the sheriff, and a judgment of condemnation rendered against the…

1Opinion of the Court

Tabbell, J. :

In 1865, Louisa Byars sued out an attachment against the property of Wm. Tucker, the writ being returnable to the circuit court, and was executed and returned by a constable. The return shows that a levy was made upon real estate of the defendant, presumptively occupied by him, eight hundred bushels of corn, valued at $800, two bales seed cotton valued at $300, four mules valued at $400 ; Nov. 1, 1865. Judgment by default was taken against the defendant on the above return at the September term of the circuit court of Madison county, October 19, 1866, for $610 and costs, with…

2Cases cited1 opinion

  1. Crizer v. GorrenMississippi Supreme Court · 1867

3Cited by2 opinions

  1. Hall v. StevensonOregon Supreme Court · 1890
  2. Gilbert v. GlennyMississippi Supreme Court · 1924

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API