Webber v. Everman & Co.
Mississippi Supreme Court
Appeal from the chancery court of Washington county. Harmon, Chancellor. . 1. The decree against appellant, holding him responsible for the loss of property which had come into his hands under the writ of sequestration, without giving him a hearing, and without notice, is void. Vance v. Connell, Walk. 254; Coleman v, Sanders, 5 How. (Miss.) 287;' Demoss v. Camp, ib. 516; Collins v. Terrall, 2 S. & M. 383; Garrin v. Hamblin, 11 ib. 219 ; Coleman v. Miss. & Ala. R. It.
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Appeal from the chancery court of Washington county. Harmon, Chancellor. . 1. The decree against appellant, holding him responsible for the loss of property which had come into his hands under the writ of sequestration, without giving him a hearing, and without notice, is void. Vance v. Connell, Walk. 254; Coleman v, Sanders, 5 How. (Miss.) 287;' Demoss v. Camp, ib. 516; Collins v. Terrall, 2 S. & M. 383; Garrin v. Hamblin, 11 ib. 219 ; Coleman v. Miss. & Ala. R. It. Co. 5 How. (Miss.) 419; Lewis v. Garrett, ib. 434. 2.The party aggrieved is entitled, independently of any statutory relief, to…
1Opinion of the Court
Tarbell, J.:
The assignments of error present for our considera-, tion the following propositions :
1. The validity of a decree against the sheriff for neglect of official duty in a cause in which he was not a party — such decree' having been rendered without notice to the sheriff'.
2. Whether, for neglect to sell property in obedience to the order or decree of the court in a proceeding therein pending, the sheriff can be proceeded against by motion; or whether the party is not driven ■ to his action on the facts in the case.
3. The proceedings against the sheriff being considered otherwise legal…
2Cases cited6 opinions
- Jack, a Freedman v. ThompsonMississippi Supreme Court · 1866
- Hackett v. GreenSupreme Court of Georgia · 1861
- Trotter v. WhiteMississippi Supreme Court · 1853
- Moody v. LylesMississippi Supreme Court · 1870
- Glenn v. WraggMississippi Supreme Court · 1868
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