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59 Miss. 15

Richardson v. Davis

Mississippi Supreme Court

Decided October 15, 1881

Mississippi Supreme Court · decided 1881-10-15

Hon. B. F. Trimble, Judge. A magistrate of Washington County, before whom 'the appellant made affidavit, issued a writ of replevin returnable before another justice of the peace of the same county, but a different district, in which the appellee resided and held the property in his possession. From a general judgment by the latter justice for the defendant, who had bonded the property, the plaintiff appealed to the Circuit Court, where, on motion, the suit was dismissed.

Decided 1881-10-15

Campbell, J.,

¶1delivered the opinion of the court.

¶2The venue of the action of replevin is regulated by § 2634 of the Code of 1880. The action may be instituted in the Circuit Court of any county or the Justice’s Court of any district in which the defendant or one of several, or the goods *17and chattels of some of them, may be found. The action is instituted by making and filing the required affidavit. The writ is to be issued by the officer with whom the affidavit is filed. There is no authority in the statute for a justice of the peace’ of one district to issue a writ of replevin for property held in possession by a defendant in another district returnable before a justice of the peace in such district, and such writ is void and confers no jurisdiction on the justice before whom it is returned.

¶3This action was instituted before a justice of the peace who had no jurisdiction of the ease, and the writ was properly dismissed by the Circuit-Court. Code 1880, § 2354.

¶4Affirmed.

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