Shattuck v. Miller

Citations

• 50 Miss. 386

Syllabus

<p>1. Practice — Bond oe Indemnity — Damages—How Uncovered.— Where a bond is executed by the plaintiff in execution to indemnify the sheriff against any damage that may accrue to the claimant, the remedy to recover damages sustained by reason of tine levy, is on the bond of indemnity, and not in the claimant’s issue. Where a levy is made upon personal property, which is claimed by another, who presents an issue to try the right of property, that issue does not involve the question of damages, nor does. it preclude the plaintiff from a resort to the bond of indemnity to the sheriff for damages resulting from the unlawful levy upon the goods.</p> <p>%. Same — Same — Suit on the Bond — Parties. — The bond of indemnity imputes to the obligors of the bond the entire responsibility which rested at the common law, upon the sheriff for an illegal levy upon personal property, and is in substitution and bar of a suit against the sheriff, unless the obligors shall he or become insolvent, or the bond would be otherwise invalid, and suit may be brought and maintained against any one or more of the parties on any bond. The justice’s court has jurisdiction to render judgment on the bond to the amount of $150, though the bond may be for a larger sum.</p>