Mills v. Wagner
Mississippi Supreme Court
From tbe circuit court of, second district, Yalobusha county. Hon. Samuel O. Cook, Judge. Wagner and others, copartners, doing business under the film name Wagner & Company, appellees, were plaintiffs in the court below.; the Saxony Mills, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to.the supreme court. The opinion of the court states the facts.
Read the full summary
From tbe circuit court of, second district, Yalobusha county. Hon. Samuel O. Cook, Judge. Wagner and others, copartners, doing business under the film name Wagner & Company, appellees, were plaintiffs in the court below.; the Saxony Mills, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to.the supreme court. The opinion of the court states the facts. No jurisdiction of the appellant was ever acquired, hence the judgment against appellant, and on which garnishment was issued, is void. Code 1892, § 133, fixes the jurisdiction of the court in attachment…
1Opinion of the Court
Eletcher, J.,
delivered tbe opinion of tbe .court.
The appellant, a nonresident corporation, was sued in 1905 by the appellees in the court of Justice Mauldin at Water Valley for damages on account of a shipment of flour. The suit was by attachment, and in order that jurisdiction should attach it was necessary, under section 133 of the Annotated Code of 1892, that the defendant company “be found” in the justice’s district or have property or debts in such district. It appears that Wagner & Co. were indebted to appellant in the sum of $832.50, and, for the evident purpose of conferring upon the…
2Cases cited3 opinions
- N. K. Fairbank & Co. v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1892
- Lake Shore & Michigan Southern Railway Co. v. HuntMichigan Supreme Court · 1878
- Illinois Central Railroad v. SanfordMississippi Supreme Court · 1898
3Cited by22 opinions
- Thurman v. Chicago, Milwaukee & St. Paul Railway Co.Massachusetts Supreme Judicial Court · 1926
- Davis-Wood Lumber Co. v. LadnerMississippi Supreme Court · 1951
- Johnson v. RaoMississippi Supreme Court · 2007
- Jarrard Motors, Inc. v. Jackson Auto & Supply Co.Mississippi Supreme Court · 1959
- Lewis v. Forest Family Practice Clinic, P.A.Mississippi Supreme Court · 2013
17 more not listed; retrieve them via the Exa API.