Bryan v. Henderson Hardware Co.
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Ho-N. Claude ClaytoN, Judge. Suit by the Henderson Hardware Company against J. J. Dockery in which plaintiff issued a garnishment against Monroe county for a debt from the county to the defendant, and J. D. Bryan and others intervene. Prom a judgment for plaintiff in garnishment, claimants appeal. Monroe county was indebted to J. J. Dockery on a road contract.
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Appeal from the circuit court of Monroe county. Ho-N. Claude ClaytoN, Judge. Suit by the Henderson Hardware Company against J. J. Dockery in which plaintiff issued a garnishment against Monroe county for a debt from the county to the defendant, and J. D. Bryan and others intervene. Prom a judgment for plaintiff in garnishment, claimants appeal. Monroe county was indebted to J. J. Dockery on a road contract. Dockery had given to J. D. Bryan and the Nettleton Supply Company (who had obtained judgments against him) orders on the board of supervisors of said county for the total amount of the…
1Opinion of the Court
Reed, J.,
delivered the opinion of the court..The trial court erred in holding that the enrolled judgment against J. J. Dockery and in favor of appellee was, under the statute (section 819, Code 1906) a lien against an indebtedness owing by Monroe county to Dockery, and that the amount of the indebtedness paid by the county into the court should be applied on the judgment in a proceedings on a writ of garnishment, issued subsequent to the giving by Dockery of orders on the county in favor of appellants and the due presentation thereof, rather *265than to the payment of the orders. The lien of the…
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