Butler v. Alcus

Citations

• 51 Miss. 47

Syllabus

<p>1. Bond of Indemnity: To sheriff by attaching creditor — Bond must be returned with the papers.</p> <p>Where tbe plaintiff sues out an attachment, and the sheriff requires a bond of indemnity before he makes a levy, the bond of indemnity must be returned with the papers in the attachment suit. Rev. Code of 1871, § 845. Where, in a suit on a bond of indemnity, the plea denies that the bond was returned with the papers in the attachment suit, and the plaint, iff in his replication avers that the bond was so returned, he holds the affirmative of the issue, and must prove it.</p> <p>2. Pleading and Practice: Nil debet.</p> <p>An indemnifying bond is not such a bond for the payment of money as is contemplated by sec. 600 of the code of 1871, and nil debet is not the appropriate plea to suits on such bonds.</p>