Roy v. Heard & Simmons
Mississippi Supreme Court
Error to the Circuit Court of Yazoo county. Hon. E. G. Henry, judge. Heard & Simmons having recovered a judgment in the court below against one W. D. Roy, for $928 27, and costs, sued out a writ of garnishment against A. Roy.
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Error to the Circuit Court of Yazoo county. Hon. E. G. Henry, judge. Heard & Simmons having recovered a judgment in the court below against one W. D. Roy, for $928 27, and costs, sued out a writ of garnishment against A. Roy. This writ was returned by the sheriff “ Executed, May 12,1859.” On the 14th of May, 1859, A. Roy made oath to his answer, before a justice of the peace, and in which he stated, “that he is not indebted to said defendant W. D. Roy, nor has he any of the goods and effects of said defendant in his hands or possession; nor does he know of any person, or persons, who are so…
1Opinion of the CourtHarris, J.
The main point of error relied on in this case is, that the judgment of the court below, against the garnishee, under the facts before us, should have been for the plaintiff in error.
The only service of process appearing in the record, is the return of “executed.” This we have held, in several cases, is no service upon which the court can render judgment. It imposed no duty or liability upon the plaintiff in error.
At the te;rm of the court it appears that plaintiff in error appeared and answered, denying all indebtedness at that timei but not denying, in the language of the act, indebtedness…
2Cited by4 opinions
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