Forbes & Beck v. Navra

Citations

• 63 Miss. 1

Syllabus

<p>1. Attachment. Sheriff being plaintiff. Belease bond, whether valid.</p> <p>Where a writ of attachment issued by a justice of the peace, returnable to the circuit court, has been executed by a constable and the property seized turned over to the sheriff, the latter, though plaintiff in the suit, may release the attached property to the defendant or a claimant, upon such bond as is prescribed by the statute, and the obligee therein, having received the property thereunder, will be bound to comply with the conditions of his obligation, under g 2305 of the Code of 1880.</p> <p>2. Same. Bond given by defendant. Nature thereof. Case in judgment.</p> <p>In an attachment suit of F. & B. against J. B., the officer having the attached property in custody released the same upon a bond, the body of which was in the following language: “ We, J. B., as principal, and I. H., as surety, bind ourselves to pay F. & B. four hundred and ninety-two dollars, unless the said J. B. shall satisfy any judgment which may be recovered against him by the said F. & B. in their attachment suit against the said J. B. for two thousand one hundred and fifty dollars, returnable before the Circuit Court of Warren County, Mississippi, on the first Monday of December, 1881.” This is not a bond for the forthcoming of the property, but a bond discharging the attachment as to the property released, under § 2428 of the Code of 1880.</p> <p>3. Same. Judgment. Amendment at subsequent term of court.</p> <p>Upon a verdict in favor of a plaintiff in attachment on the merits of his demand, he is entitled, as a matter of right, to a judgment on a bond given by the defendant for the discharge of the attached property; and where in such case judgment is entered against the defendant only, and not against the surety on his bond, it may be amended at a subsequent term of the court, so as to include the surety to the extent of his liability, it being presumed that the court directed the proper judgment to be entere