Fenner v. Boutte

Mississippi Supreme Court

Fenner v. Boutte

72 Miss. 271

DecidedOctober 15, 1894

StatusPublished

This text of 72 Miss. 271 (Fenner v. Boutte) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fenner v. Boutte, 72 Miss. 271 (Mich. 1894).

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Opinion

Cooper, C. J.,

delivered the opinion, of the court.

The motion to quash the levy of the writ of attachment should have been overruled. By executing the forthcoming bond the defendant admitted the validity of the levy, and is now estopped to deny it. Walker v. Shotwell, 13 Smed. & M., 544; Jayne v. Dillon, 28 Miss., 283.

If the defendant had not admitted the levy, it may be that the plaintiff in attachment, discovering that the property had been seized by the constable, would have placed his writ in the hands of that officer and thus have secured a levy.

Judgment reversed.

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Cooper, C. J.,

delivered the opinion, of the court.

The motion to quash the levy of the writ of attachment should have been overruled. By executing the forthcoming bond the defendant admitted the validity of the levy, and is now estopped to deny it. Walker v. Shotwell, 13 Smed. & M., 544; Jayne v. Dillon, 28 Miss., 283.

If the defendant had not admitted the levy, it may be that the plaintiff in attachment, discovering that the property had been seized by the constable, would have placed his writ in the hands of that officer and thus have secured a levy.

Judgment reversed.

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Bluebook (online)

72 Miss. 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fenner-v-boutte-miss-1894.

Opinion

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