2 Miss. Dec. 578
Decided January 13, 1882
Mississippi Supreme Court · decided 1882-01-13
I. C. Levy sued out a writ of attachment against appellee, W. W. Frazier, which was placed in the hands of the sheriff, and it was by bim levied on a wagon and four yoke of oxen belonging to Frazier. No bond bad been given wben tbe attachment was issued and executed, but afterwards a bond was given and approved by tbe justice of tbe peace wbo issued tbe writ. Frazier made demand on tbe sheriff for a release of tbe property levied on. His demand was refused.
Affirmed, · Decided 1882-01-13
¶1Opinion.
¶2The 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.
¶3Judgment affirmed.