Columbus Insurance & Banking Co. v. Hirsh
Mississippi Supreme Court
Appeal from the Circuit Court of Issaquena County. Hon. B. F. Trimble, Judge. On March 9, 1883, the appellees sued out, before a justice of the peace in Warren County, a writ of attachment against W. T. Smith, returnable to the Circuit Court of Issaquena County, and a branch writ was issued to Lowndes County, where it was served upon the appellant as garnishee. The appellant answered on March 26, 1883, that it was not indebted to Smith.
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Appeal from the Circuit Court of Issaquena County. Hon. B. F. Trimble, Judge. On March 9, 1883, the appellees sued out, before a justice of the peace in Warren County, a writ of attachment against W. T. Smith, returnable to the Circuit Court of Issaquena County, and a branch writ was issued to Lowndes County, where it was served upon the appellant as garnishee. The appellant answered on March 26, 1883, that it was not indebted to Smith. April 23, 1883, was the return day of the garnishment. On April 24, 1883, the plaintiffs filed their declaration, and next day took judgment against the…
1Opinion of the CourtChalmers, J.
Section 2444, of the Code of 1880, in providing that a garnishee shall answer within the first three days of the term, simply means that he shall answer by that time; that is to say, that he must answer before the close of the third day. It does not preclude him from answering before the term begins. If he does so answer it is a perfectly good answer and cannot be stricken out. Young v. The Orpheus, 119 Mass. 179. It is true that the service of the writ binds any money belonging to the defendant that he may receive between the time of service and the return day of the writ (Code 1880, §…
2Cases cited1 opinion
- Young v. OrpheusMassachusetts Supreme Judicial Court · 1875
3Cited by5 opinions
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- Mississippi Cottonseed Products Co. v. ChampionMississippi Supreme Court · 1946