Badley v. Ladd

Mississippi Supreme Court
Badley v. Ladd, 70 Miss. 688 (Miss. 1893)
Campbell

Badley v. Ladd

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

It was error to quash the-levy. Fly was not disqualified to act as deputy of the sheriff because of the fact that he would be entitled to commissions on the collection. The law allows commissions to the officers for collecting money, and surely the right to commissions cannot properly be held a disqualification to act as special deputy. "We know of no precedent for such a view, and will not make one.

B,eversed, and remanded for a new trial.

Reference

Full Case Name
E. Badley v. H. T. Ladd
Cited By
1 case
Status
Published
Syllabus
Process. Execution. Deputy sheriff. Agent of plaintiff. A person is not disqualified to act as deputy sheriff in levying an execution because he is agent for pilaintiff in collecting the 'judgment, and is to receive a commission on the collection. It is error to quash a levy because of such fact.