Mississippi Supreme Court, 1882

Howard v. Frazier

Howard v. Frazier
Mississippi Supreme Court · Decided January 13, 1882 · Campbell
2 Miss. Dec. 578

Howard v. Frazier

Opinion of the Court

Opinion.

Campbell, J.:

The attachment having been issued and executed without a bond given beforehand by the lessor was void, and did not authorize the seizure and detention of the articles sued for in this action. The execution of a bond, and its approval by a justice of the peace subsequent to the issuance and execution of the writ, did not cure the fatal defect of the issuance without a bond as required by law. It was incurably bad.

Judgment affirmed.

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