Fenner v. Boutte
Mississippi Supreme Court
Fenner v. Boutte, 72 Miss. 271 (Miss. 1894)
Cooper
Fenner v. Boutte
Opinion of the Court
delivered the opinion, of the court.
The motion to quash the levy of the writ of attachment should have been overruled. By executing the forthcoming bond the defendant admitted the validity of the levy, and is now estopped to deny it. Walker v. Shotwell, 13 Smed. & M., 544; Jayne v. Dillon, 28 Miss., 283.
If the defendant had not admitted the levy, it may be that the plaintiff in attachment, discovering that the property had been seized by the constable, would have placed his writ in the hands of that officer and thus have secured a levy.
Judgment reversed.
Reference
- Full Case Name
- C. E. Fenner v. E. Boutte
- Status
- Published
- Syllabus
- Attachment. Validity of levy. Forthcoming bond. Estoppel. A defendant in attachment, by executing a forthcoming bond, is es-topped to deny the validity of the levy, and cannot thereafter have the same quashed on the ground that the property, when seized by the sheriff, was in custodia legis under a previous levy by a constable. ' Jayne v. Dillon, 28 Miss., 283.