Magee v. Covington County Bank
2012 Miss. App. LEXIS 591
| Miss. Ct. App. | 2012Background
- Magee defaulted on a secured loan to Covington County Bank (CCB).
- CCB obtained a writ of replevin in circuit court to seize Magee’s collateral (two trucks and a trailer).
- The circuit court granted replevin on Aug. 27, 2008; later set aside the writ in 2009.
- Magee moved for a writ of inquiry for damages; the circuit court granted it in Sept. 2010.
- CCB later moved for relief from judgment; court found no jurisdiction after transfer to justice court and voided the writ of inquiry.
- Magee appealed, arguing the writ of inquiry was properly granted; the court dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had jurisdiction to grant a writ of inquiry | Magee asserts writ of inquiry was proper under §11-37-129. | CCB contends writ of inquiry not allowed under §11-37-131 since no pre-seizure. | Writ of inquiry not authorized; jurisdiction lacked. |
| Whether the lack of pre-seizure precludes writ of inquiry and finality of judgment | Magee seeks damages for wrongful detention. | No pre-seizure; writ not permitted; jurisdiction ends with replevin judgment. | Statutory scheme bars writ of inquiry in this case; appeal dismissed for lack of jurisdiction. |
| Whether the transfer to justice court affected jurisdiction | Magee’s action remained within circuit court’s control. | Transfer to justice court; jurisdiction purportedly lost. | Jurisdiction ended when replevin final order issued; transfer not the determinative flaw. |
| Whether Magee had any adequate remedy other than a writ of inquiry | Conversion suit or new replevin action could be pursued. | Remedies existed; writ of inquiry inappropriate. | The writ of inquiry was not proper; other remedies possible but not pursued in this proceeding. |
Key Cases Cited
- Duvall v. Duvall, 224 Miss. 546 (1955) (courts cannot be deprived of subject-matter jurisdiction by party consent)
- Ferris v. Hawkins, 418 So.2d 811 (Miss. 1982) (replevin action governed by statute; Rule 64 comment; proceedings separate from writ of inquiry)
- Hall v. Corbin, 478 So.2d 253 (Miss. 1985) (replevin statutes supplemented by MRCP; scope of remedies under 11-37-101 et seq.)
- Entergy Miss., Inc. v. Burdette Gin Co., 726 So.2d 1202 (Miss. 1998) (jurisdiction is a question of law reviewed de novo)