Gustavus v. Marx

Citations

• 44 Miss. 446

Syllabus

<p>1. Attachmeni — iNsurarcasNa; sebvice and ketübn — Peesuhption.—The return of a sheriff of service and levy of an attachment as follows: “Executedpersonally. Sep-emher22, 1865, upon W. V. Gustavus, and levied the within attachment on ihe following lands as the property of said W. V. G., viz.: the north-east quarter, etc., containing 162 acres, September 22, 1865,” is wholly insufficient, and a judgment by default for want of appearance of defendant will be reversed. Rev. Code, 373, art.' 4; ib., 374, art. 7. The presumption from the affidavit and from the return of the sheriff is that defendant was, at the time, within the county and within reach of process.</p>