61 Miss. 337 | Miss. | 1883
delivered the opinion of the court.
_ The suit was. properly dismissed by the circuit court. The facts set forth in the affidavit for replevin show that the writ should not
At the instance of the plaintiff, the court directed the record to be returned to the justice before whom the trial had been had for further proceedings. Though she cannot assign this action for error, we have thought it advisable to say that further proceedings in this suit must result in her defeat. The justice has no jurisdiction of the suit as a claimant’s issue, and as a suit in replevin it is not maintainable. The plaintiff should redeliver the property or pay its value as found by the jury to the officer from whom it was taken, and then interpose her claim to the property or its proceeds in the manner prescribed by statute.
Affirmed.