Griffing v. Mills
Mississippi Supreme Court
ERROR to tbe Circuit Court of Panola county. Hon. John W. Thompson, judge. contended, 1. That a commissioner for the State of Mississippi, resident in the State of Tennessee, was not an officer authorized to administer oaths in attachment cases. That an affidavit for an attachment can be made alone before the officers enumerated in the attachment law. Rev. Code, 372, article 2. 2. That the Code requires that the officer before whom the affidavit is made shall issue the writ.
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ERROR to tbe Circuit Court of Panola county. Hon. John W. Thompson, judge. contended, 1. That a commissioner for the State of Mississippi, resident in the State of Tennessee, was not an officer authorized to administer oaths in attachment cases. That an affidavit for an attachment can be made alone before the officers enumerated in the attachment law. Rev. Code, 372, article 2. 2. That the Code requires that the officer before whom the affidavit is made shall issue the writ. Rev. Code, 372, 373. 3. That publication had not been made for the length of time prescribed by law. The notice is…
1Opinion of the CourtEllett, J.
*614This suit was commenced, by attachment in the court beiow. The affidavit was made in the State of Tennessee, before a commissioner appointed by the Governor of Mississippi, and the bond was taken and writ issued by the clerk of the Circuit Court of Panola county.
The writ being returned, levied on real estate, without any return of personal service on the defendant, the clerk made publication, in the form prescribed by law, in the weekly Panola Star, once a week for four successive weeks. The publication was made in the numbers of the paper dated the 1st, 8th, 15th and 22d days of March, 1860,…
2Cited by8 opinions
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