State v. Booker

Citations

• 61 Miss. 16

Syllabus

<p>1. Supreme Court. Execution. Claimant’s issue. Replevin. Owners of personal property taken in execution issuing from the supreme court, under a judgment between other persons, should not interpose claimants’ issues, but bring actions of replevin against the officer executing the writ.</p> <p>2. Same. Jurisdiction. Issues of fact. Want of original jurisdiction in matters of fact (Code 1880, ? 1412) prevents the supreme court from trying a claimant’s issue ; and, therefore, the statute (Code 1880, $ 2633), which prohibits actions of replevin in such cases, is not applicable if the officer holds under process of this court.</p>