Nelson v. Nye

Citations

• 43 Miss. 124

Syllabus

<p>1. Special Deputy Sheriees. — The authorization of a special deputy sheriff to do a special act must, under the statute, Revised Code, p. 122, art. 115, be by the sheriff in writing under his hand; but such appointment need not, as in the case of a regular deputy, be filed in the probate clerk’s office : nor is it necessary that such writing should be endorsed on the writ which such special deputy is appointed to serve, or oven filed with the papers in the cause. In the absence of any information to the contrary in the record, this court will presume that a person whose name is appended to a return as a special deputy, was duly authorized as such.</p> <p>2. Return__The return upon a summons was as follows:</p> <p>“ Executed in person, and by copy, April 30th, 1861.</p> <p>“ J. W. R.-, Sheriff,</p> <p>“ByS. C. J--, Special Deupty.”</p> <p>Held: That this was a substantial compliance with the statute, Revised Code, p. 489, art. 63.</p>