Simms, Billups & Co. v. Quinn

Citations

• 58 Miss. 221

Syllabus

<p>Sheribt. Failure to return vendi exponas. Plaintiffs’ contributing thereto. Motion under sect. %27, Code of 1871.</p> <p>A writ of vendi exponas for $16,000 was directed to Q. as sheriff. Acting under it, he sold to K. some property for $75, but deferred collecting the money until Saturday before the return-day, Monday, when K. applied to him for indulgence until the Tuesday next following. This Q. refused to grant, unless the plaintiffs in execution would consent. K. then applied to plaintiffs’ attorneys, who said to him that whatever arrangement he could make with Q. would be satisfactory to them, but that they would release Q. from no liabilities he might incur, and show him no favors. K. returned to Q. and delivered the first portion of the message, but withheld the declaration of plaintiffs’ attorneys that they would release Q. from no liabilities and show him no favors. Q. then held the execution until Tuesday after the return-day, when he returned it into court, with $75. Then plaintiffs moved the court for judgment against Q. and his sureties for the amount of the execution, under sect. 227, Code of 1871, which provides that if any sheriff shall fail to return any execution directed to him, on its return-day, the plaintiff therein may have judgment against him and his sureties for the full amount of the execution. Held, that plaintiffs’ attorneys, through K., whom they permitted to act as their agent, had contributed to Q.’s omission of duty, and therefore this motion is ndt maintainable.-'</p>