76 Miss. 322 | Miss. | 1898
delivered the opinion of the court.
It is certain that no certificate or writ of supersedeas was ever issued after the bond for appeal was given, and, of course, there was never any delivery or service of such certificate or writ to the sheriff, and until official notice had been given that officer, it was his duty to obey the j udgment of the court, which directed him to turn over and deliver the twin engine to the successful claimant. Whether he might have turned over the engine on failure of the plaintiff in attachment, for more than five
In the present case, as has been stated, no writ was ever issued, nor was the sheriff officially notified of an appeal with supersedeas. In this state of case, the property—the engine—•
The action of the court below in giving the peremptory instruction for appellee was correct. •
Affirmed.