Road Material & Equipment Co. v. McGowan

*621Ethridge, J.

This case involves questions of whether the circuit court has power in a replevin suit to render a money judgment for debt against the defendant, and, if not, whether such money judgment is later subject to collateral attack by the defendant in replevin.

*622In December 1950 appellant, Road Material and Equipment Company, Inc., filed an affidavit in replevin in the Circuit Court of the First Judicial District of Hinds County. The affidavit stated that defendant-appellee, Arch McGowan, was in possession of a dragline machine with certain accessories of the value of $5,000, was…