Foote Patrick Co. v. Caladonia Insurance
Mississippi Supreme Court
Appeal from the chancery court of Jones county. HoN. G. C. Tann, Chancellor. Suit by the Food-Patrick Company against Robert Logan, Caladonia Insurance Company, Granishee; judgment by default against the defendant, Logan, and contest between plaintiff and garnishee transferred to the chancery court, wherein plaintiff in-its bill joined other parties defendant. From a'decree for the garnishee, dismissing the bill, plaintiff appeals.
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Appeal from the chancery court of Jones county. HoN. G. C. Tann, Chancellor. Suit by the Food-Patrick Company against Robert Logan, Caladonia Insurance Company, Granishee; judgment by default against the defendant, Logan, and contest between plaintiff and garnishee transferred to the chancery court, wherein plaintiff in-its bill joined other parties defendant. From a'decree for the garnishee, dismissing the bill, plaintiff appeals. Appellant is a corporation'domiciled at Laurel, Miss.,, and doing a wholesale grocery business. Appellee is a foreign insurance company, lawfully doing business in…
1Opinion of the CourtSteveNs, J.
The learned chancellor seems to have been of the opinion that after an order transferring the garnishment issue was entered, it was incumbent upon appellant to file its bill within the thirty days prescribed by statute; that this provision of the statute, directing that the bill shall be filed within thirty days, is jurisdictional, and a failure to comply with the terms of the statute in this regard took away the jurisdiction of the chancery court. We do not interpret the statute so literally. When a cause is transferred from one court to the other, it is the order of transfer that invests…
2Cited by4 opinions
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- Hudson v. Bank of EdwardsMississippi Supreme Court · 1985
- Ainsworth v. BlakeneyMississippi Supreme Court · 1956
- Emery Burch v. Land Partners, L.P.Mississippi Supreme Court · 1999