Bishop Bros. v. Fennerty
Mississippi Supreme Court
Ekroe to the circuit court of Warren county. Bbowh, J. 1st. The remedy by attachment is a special and extraordinary proceeding, in which all the provisions of the statute must be observed. Rankin v. Dulaney, 43 Miss. 197; Smith v. G-risson, 26 ib. 143; Ford v. Hurd, 4 Smedes & Marsh. 683. 2d. An affidavit alleging one or the other of two or more distinct grounds would be bad, because of the impossibility of determining which is relied on to sustain the attachment.
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Ekroe to the circuit court of Warren county. Bbowh, J. 1st. The remedy by attachment is a special and extraordinary proceeding, in which all the provisions of the statute must be observed. Rankin v. Dulaney, 43 Miss. 197; Smith v. G-risson, 26 ib. 143; Ford v. Hurd, 4 Smedes & Marsh. 683. 2d. An affidavit alleging one or the other of two or more distinct grounds would be bad, because of the impossibility of determining which is relied on to sustain the attachment. Drake on Attach., § 101. Examined by this rule, it will be found that the cases of Bosbyshell v. Emanuel, 12 Smedes & Marsh. 63,…
1Opinion of the Court
Sim ball, J.:
The question made by the assignment of errors is, was the judgment of the circuit court, quashing the attachment, right on the state of the record % The causes set out in the motion to quash are, that the affidavit does not appear to have been made by the creditor, his agent or attorney ; that the several causes are stated in the disjunctive, so that they cannot be traversed by plea in abatement.
The attachment was returnable to the June term, 1868, of the circuit court, at which term the plaintiff filed a declaration in assumpsit. At the succeeding December term, the defendant…
2Cases cited2 opinions
- Gill v. DownsSupreme Court of Alabama · 1855
- Carr v. CoopwoodCourt of Appeals of Mississippi · 1852
3Cited by2 opinions
- Greenwood Grocery Co. v. BennettMississippi Supreme Court · 1912
- Lewenthall v. Mississippi MillsMississippi Supreme Court · 1877