Beckett v. McCaslin
| Decision Date | 16 November 1931 |
| Docket Number | 29585 |
| Citation | 137 So. 519,161 Miss. 557 |
| Court | Mississippi Supreme Court |
| Parties | BECKETT v. MCCASLIN |
1 COUNTIES.
County warrant has no validity until it leaves hands of county officer and Is delivered.
2 COUNTIES. Execution.
Undelivered county warrant in hands of clerk of board of supervisors sealed and signed by clerk after service of execution, held without vitality, and not subject to levy.
APPEAL from circuit court of Calhoun county HON. T. E. PEGRAM, Judge.
L. R. Beckett recovered judgment against M. D. Richardson and had execution issued which was levied upon a certain warrant, to which J. P. McCaslin asserted claim. Plaintiff in execution recovered judgment in justice court, but the circuit court on appeal rendered judgment in favor of claimant, and plaintiff in execution appeals. Judgment of the circuit court affirmed.
Affirmed.
Thos. L. Haman, of Houston, for appellant.
Notes and bills of exchange are not subject to judgment liens because it would destroy their negotiability.
Waldon v. Yates, 111 Miss. 631, 71 So. 897.
The interest of a beneficiary in a deed of trust in the land therein deeded was not subject to sale under execution.
Beckett v. Dean, 57 Miss. 222.
A chose in action not evidenced by a written instrument is not subject to a judgment lien.
Bryan v. Henderson Hdw. Co., 107 Miss. 255, 65 So. 242.
Money, bank notes, bills, evidences of debt circulating as money and any judgment or decree belonging to the defendant may be taken under execution and sold or disposed of according to law.
A county warrant is subject to seizure under execution.
Mulford v. Roberts, 112 Miss. 573, 73 So. 609.
To all intents and purposes the warrant was and remained the property of judgment debtor, subject to levy of execution under a judgment.
Patterson & Patterson, of Calhoun City, for appellee.
Under sections 611 and 3021 of the Code of 1930, the enrolled judgment of appellant against M. D. Richardson did not create a lien against an indebtedness owing by Calhoun county to said Richardson, which said indebtedness had been previously to the issuance of the execution transferred and assigned for value to appellee.
Bryan v. Henderson Supply Co., 107 Miss. 255, 65 So. 242; Walden & Company v. Yates, 111 Miss. 631, 71 So. 897.
On January 5, 1931, an execution was issued by the circuit clerk of Calhoun county on an enrolled judgment against M. D Richardson, the execution being made returnable on January 19, 1931, to the justice court in which the judgment was rendered. During the month of December, 1930, the said Richardson was employed by Calhoun county at a salary of one hundred dollars per month; and on the fourth day of December, he secured from J. P. McCaslin ninety-five dollars, and delivered to the clerk of the board of supervisors an order to deliver to McCaslin the warrant for his December salary; and in a letter to McCaslin the clerk acknowledged receipt of the order, and promised compliance therewith. From an agreed statement of facts, upon which the cause was submitted on claimant's issue in the court below, it appears that on January 7, 1931, the execution was levied on the said warrant, it being further agreed that when the execution was levied the warrant in question had not been signed or sealed, and that "after the sheriff served the execution on the chancery clerk, the clerk then put the seal on and signed his name to the warrant." On the return day of the execution, the said J. P. McCaslin filed an affidavit claiming the warrant, and, upon issue thereon tendered by the plaintiff in execution, the...
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... ... Cotton ... Exchange Bank, 81 So. 170, 173, 119 Miss. 868; Wall ... v. Monroe County, 103 U.S. 74, 26 L.Ed. 430; Beckett ... v. McCaslin, 137 So. 520, 161 Miss. 557; Green v ... Miss., 53 Miss. 148; Supervisors v. Klein, 51 ... Miss. 807; Whitney v. State, 52 ... ...
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W. A. McDonald & Sons v. McQueen
...no vitality until it left the hands of the county officials and was delivered to payee. The same rule was followed in Beckett v. McCaslin, 161 Miss. 557, 137 So. 519. have failed to prove that any pay certificates were issued in excess of the amount of revenues for any of the years involved......
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Sheldon v. Stagg
...until they leave the hands of the makers and are delivered to the payees. Barham v. White, 171 Miss. 303, 157 So. 465; Beckett v. McCaslin, 161 Miss. 557, 137 So. 519. In the Barham case a county warrant had been issued, sealed, and detached from the warrant book ready for delivery to the p......
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Barham v. White
...restricted, it appears to be controlling. The appellant urges as a distinguishing feature between that case and the case at bar that, in the Beckett case, the warrant had not been signed and sealed by the clerk at the time of the levy, while in the case at bar the warrant was complete with ......