Tucker v. Byars
Mississippi Supreme Court
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…
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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
- Crizer v. GorrenMississippi Supreme Court · 1867
3Cited by2 opinions
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