Wilburn v. Cologero
Mississippi Supreme Court
Wilburn v. Cologero, 97 Miss. 511 (Miss. 1910)
52 So. 794
Whitfield
Wilburn v. Cologero
Opinion of the Court
The judgment by default was erroneously rendered without the ascertainment by a writ of inquiry of the value of the mule. The officer’s valuation was prima facie evidence of the value of the property, and his estimate was forty-five dollars, and yet the judgment by default is for seventy-five dollars. See section 4221 of the Code of 1906.
The above opinion is adopted as the opinion of the court; and for the reasons therein stated, the judgment is reversed, and the cause remanded.
Reference
- Full Case Name
- Hezekiah B. Wilburn v. George P. Cologero
- Status
- Published
- Syllabus
- 1. Replevin. Judgment. Necessity for ascertaining value. A judgment for plaintiff in replevin taken by default without writ of inquiry to ascertain the value of the property is erroneous. 2. Same. Value of property. Prima facie evidence. Code 1906, § 4221. Under Code of 1906, § 4221, so providing, the valuation of the property made by the officer in his return on the writ is prima facie evidence of the correct value of the property.