State ex rel. Owen v. Marshall

Citations

• 69 Miss. 486

Syllabus

<p>1. Sheriff. Refusal to levy attachment. Liability on bond.</p> <p>A sheriff holding an attachment-writ against a corporation may refuse the demand of plaintiff to levy it on the property of the individuals who compose it and manage its affairs, and, by such refusal, he does not incur liability to the plaintiff.</p> <p>2. Same. Duty of sheriff holding process.</p> <p>The liability of the sheriff, under such circumstances, is determined by the legal aspects of the case at the time of his alleged omission of duty, and this cannot be affected by showing that, if the levy had beén made, the property might haye been thereafter subjected in a chancery proceeding to the demand of plaintiff.</p>