McKinney v. Willis

Citations

• 64 Miss. 82

Syllabus

<p>1. CHANCERY Jurisdiction. Judgment at law. Belief for errors correctable on appeal. Sureties on replevin bond.</p> <p>A court of chancery cannot relieve sureties against whom a judgment at law has been rendered on a replevin bond given by the defendant in an action of distress, on the ground that the circuit court rendered such judgment on an award made by referees who were biased, and permitted the plaintiffs affidavit to be materially changed after the execution of the bond. If the action of the circuit court was eri-oneous, objection should have been made when the judgment was about to be entered, and an appeal taken by the principal and his sureties, the remedy at law being plain and adequate.</p> <p>2. Judgment. On replevin bond. Failure of principal to appeal. Bights of sureties.</p> <p>In an action for distress for rent, if the tenant fail or refuse to appeal from an erroneous judgment, the sureties on his replevin bond are concluded. They have no remedy by direct appeal or in equity.</p>