Phillips v. Harvey

Citations

• 50 Miss. 489

Syllabus

<p>1. Attachment — Retubn Thereon — Its Office. — An officer levying a> writ of attachment is required by § 1136 of the Code oí 1871, to make a; full return thereon of all his proceedings. It cannot be presumed that he levied on any other property than that specified in the return of the writ.</p> <p>% Same — Judgment Against Sureties. — It is erf or to render judgment against the sureties on a replevin bond for the whole amount of the plaintiffs demand, they being liable only for the assessed value of the property, when the jury have omitted to assess the value of the property-attached and replevied. Richard v. Mooney, 89 Miss., 857.</p> <p>8. Same — Same — Case in Judgment. — The sherifl having returned the writ of attachment as levied upon a certain note -.'Held, that although the plaintiffs in error might have become sureties upon a bond purporting to be a replevin bond for the release of certain mules, plows, etc.,, claimed to have been attached, yet as the sheriffs return did not show any levy upon such personal property, and the jury not having assessed, the value of the property, it was error to render a judgment against them.</p>