69 Miss. 611 | Miss. | 1891
delivered the opinion of the court.
We fail to discover an}? merit in the position of the appellees, as to the supposed interference of the appellant, or his
It is equally certain, however, that there was not that want of care, in the dealings of the sheriff with the goods, which will render him and the sureties liable for the loss sustained in the destruction of the store-house and its contents. The reasonable care which was the measure of the officer’s duty, did not necessarily require the immediate removal of the goods from the house where they were found, when levied upon, to the county site, or elsewhere; and it is not made clear that the removal to Millican’s store-house would have rendered the goods more secure than in the Maxwell storehouse. The plaintiff’s agent thought the latter store-house reasonably safe, for the-goods were to be left there, without any thought or suggestion of probable loss in so doing, at this agent’s request, from Saturday until the Tuesday or Wednesday following. Millican, too, said on trial that Maxwell’s store-house was as secure as his, in so far as danger of loss from burning went; and, undisputábly, the loss complained of resulted from burning.
The action of the court in permitting to appellee a fifth peremptory challenge was erroneous, but the error is not reversible. The plaintiff, as has long been held in this state, had no vested right in any particular juror. lie had a right to an impartial j ury, and this right seems to have been enjoyed by him. We decline, moreover, to reverse, because an
Affirmed.