Little v. Nelson
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. . The facts are stated in the opinion. 1. The plaintiff in the court below was not entitled to judgment against appellant as rendered by the court.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. . The facts are stated in the opinion. 1. The plaintiff in the court below was not entitled to judgment against appellant as rendered by the court. Appellant, within the time allowed him, filed an answer to the garnishment, which, although defective in not stating that he was not indebted at the time of the service of the writ, etc., is a denial of indebtedness; hence upon the answer no judgment could be rendered against, him. Nelson did not except or controvert the answer, so that the answer stands .as true in fact,…
1Opinion of the CourtCoopee, J.
The appellee sued out an attachment against one D. S. Hurlbut, and summoned the appellant and numerous other persons to answer as garnishees. The appellant answered, denying that he was indebted to the defendant in any sum or that he had any of the effects of said defendant in his hands or possession, and further stated that he knew of no other person indebted to the defendant. E[e failed to state that he was not indebted to the defendant' at the time of the service of the writ of garnishment. The appellee, without objecting *675to the answer for insufficiency or averring that the garnishee was…
2Cited by4 opinions
- Hussey v. HusseyMississippi Supreme Court · 1955
- Campbell v. Yazoo M.V.R. Co.Mississippi Supreme Court · 1946
- Liverpool & London & Globe Insurance v. Threefoot Bros. & Co.Mississippi Supreme Court · 1893
- E. F. Schlichter Co. v. Baum, Pennsylvania Court of Common Pleas, Cumberland County1929