Boisseau & Martenez v. Kahn
Mississippi Supreme Court
Appeal- from the Circuit Court of Amite County. Hon. J. B. Chrisman, Judge. Upon an affidavit made by Jacob Mitchell, as agent for Boisseau & Martenez, a writ of attachment was issued at their suit against Max Kahn by the clerk of the Circuit Court of Amite County, returnable to a certain justice of the peace’s court, the amount of the demand being ninety-seven dollars and ninety cents.
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Appeal- from the Circuit Court of Amite County. Hon. J. B. Chrisman, Judge. Upon an affidavit made by Jacob Mitchell, as agent for Boisseau & Martenez, a writ of attachment was issued at their suit against Max Kahn by the clerk of the Circuit Court of Amite County, returnable to a certain justice of the peace’s court, the amount of the demand being ninety-seven dollars and ninety cents. The justice of the peace, to whose court the writ was returned, rendered a judgment for the plaintiffs on “ account of the failure of the defendant to file an affidavit traversing the affidavit of the…
1Opinion of the CourtCooper, C. J.
The court should have permitted the plaintiff in attachment to amend the bond by having the sureties to sign their names individually instead of as a firm, Code of 1880, § 2464; Gaddis v. Palmer, 60 Miss. 758, and by having the clerk who issued the writ to subscribe his name to the jurat of the creditor’s affidavit taken by him. Green v. Boon, 57 Miss. 617.
The application for leave to file the account sued on should have been granted. The defendant could not have been surprised to have some cause of action presented against him in the suit, for by the affidavit for attachment he was informed…
2Cases cited3 opinions
- McCleary v. AnthonyMississippi Supreme Court · 1877
- Green v. BoonMississippi Supreme Court · 1880
- Gaddis v. PalmerMississippi Supreme Court · 1883