Mulford v. Roberts

Citations

• 112 Miss. 573
• 73 So. 609

Syllabus

<p>Sheriffs and Constables. Failure to levy execution. Liability.</p> <p>Where appellant procured a judgment against his debtor and had an execution issued and placed in the hands of the sheriff with , directions to levy on a certain warrant issued by the board of supervisors to the execution debtor, which warrant was then in the custody of the chancery clerk and the sheriff delivered the execution to an unsworn deputy, who went to the office of the chancery clerk and there found the warrant, but did not take the same into his possession as required by Code 1906, section 3964, but pinned the execution to the warrant and before the sheriff got possession of the warrant it was delivered to a third party under an assignment and in a suit between the sheriff and- such assignee the warrant was awarded to the assignee. In such case there was a failure on the part of the sheriff to levy the execution and the judgment creditor was entitled to damages against him for his neglect.</p>