Green v. Taylor

Citations

• 111 Miss. 232
• 71 So. 375

Syllabus

<p>Judgment. Sheriff and constables. Conclusiveness. Collateral attach. Liability on bond.</p> <p>Under Code 1906, section 4670, providing for judgment against the-sheriff and his bondsmen, for failure to return an execution in due -time, for the amount of the execution and • all cost, neither the sheriff nor his bondsmen can avoid liability on the ground that the judgment on which the execution issued was invalid, since such a defence is but a collateral attack upon the judgment upon which the execution issued which is not .permissible.</p>