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5 Miss. 287

Coleman v. Saunders

Mississippi Supreme Court

Decided December 15, 1840

Mississippi Supreme Court · decided 1840-12-15

ERROR from the circuit court of the county of Rankin. This was a motion in the circuit court of Rankin county, by defendants in error against the plaintiffs, to recover judgment for the amount of an execution in favor of defendants, which it was alledged was placed in the hands of Willis P. Coleman,.as sheriff of Rankin county. The motion was entered to recover the amount of the execution and interest, and also twenty-ñve per cent, damages, according to the statute. ' .

Decided 1840-12-15

Per Curiam.

¶1The statute which authorizes this summary proceeding against the sheriff and his sureties, requires-that they shall, have notice of it. None was;,given,and.the judgment is therefore manifestly erroneous. 1 Walker’s Rep. 254.

¶2Let the judgment be reyersed.

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