Tucker v. Byars

Citations

• 46 Miss. 549

Syllabus

<p>1. Attachment must be duet executed to warrant judgment by DEFAULT — LEVY ON LAND MUST BE AS DLRECTED BY STATUTE.— A return of service of a writ of attachment, which does not conform to the requirements of law, will not authorize a judgment by default. The directions of the statute, as to the manner of executing a writ of attachment by a levy on land which is occupied, must be complied with.</p> <p>2. Attachment to be executed on defendant in the same manner as other original process.— Where an attachment is executed by summoning the defendant, it should be served as other original process.</p> <p>3. A constable has no authority to return attachment to the circuit court. — A constable who executes an attachment has no power to make return of it to the circuit court,- but is required to deliver it to the sheriff who is to make due return of it, and the circuit court does not obtain jurisdiction of the case.of an attachment returned to it by a constable.</p> <p>á. Unlawful to levy attachment on land after seizure of sufficient personalty.— It is a violation of law to levy an attachment on land, after a levy of ample personalty to pay the debt.</p>