State ex rel. Barnett v. Dalton

Citations

• 69 Miss. 611

Syllabus

<p>1. Officer. Negligence of deputy. Appointment. Act of plaintiff.</p> <p>The action of plaintiff in attachment in naming a person to act as deputy sheriff, and requesting his appointment to execute the writ, is not such an interference as will relieve the sheriff and his bondsmen from liability to the plaintiff for the negligence of the deputy, resulting in the loss of goods levied upon and left in his charge.</p> <p>2. Negligence. Property attached. Loss. Liability of officer.</p> <p>Where a stock of goods in a store is levied on under attachment, and, being inconvenient to move, is left there for a few days, and is destroyed by fire, the sheriff is not liable to the plaintiff for the loss, it not appearing that there was reason to believe that the store-house was an unsafe place. In such case, reasonable care, which is the measure of the officer’s liability, does not require immediate removal.</p> <p>3. Practice. Challenge of jurors. Supreme court. Immaterial error.</p> <p>A judgment will not be reversed for the error of allowing a party in a civil caso a fifth peremptory challenge. If the case has been tried by an impartial jury, neither party can complain.</p> <p>4. Same. New trial refused,. Night result.</p> <p>Where it appears that another trial, properly conducted, Could only result in a judgment for the appellee, the supreme court will not reverse.</p>