Buckley v. VanDiver
Mississippi Supreme Court
From the circuit court of Clarke county. Hon. S. H. Terral, Judge. J. S. VanDiver and his wife, G. G. VanDiver, resided in the state of Louisiana.
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From the circuit court of Clarke county. Hon. S. H. Terral, Judge. J. S. VanDiver and his wife, G. G. VanDiver, resided in the state of Louisiana. On the seventeenth day of February, 1886, M. W. Buckley, a member of the firm of J. S. Buckley & Son, made affidavit before the clerk of the circuit court of Clarke county, that said J. S. and G. G. VanDiver were indebted to his firm in the sum of $267.27, and that the defendants were non-residents of this state. ■ Thereupon, a writ of attachment was issued, which was levied upon certain real estate of the defendant, G. G. YanDiver, situated in…
1Opinion of the CourtCampbell, C. J.
The final adjudication in favor of the appellee is conclusive evidence that, as to her, the attachment was wrongfully sued out, and' that gave her a right of action on the bond for its breach thus evidenced.
In such action, attorneys’ fees for getting clear of the attachment are recoverable, and, as in this case, by reason of the non-residence of the defendant and liability to attachment for any debt, the contest involved the existence of the debt for which the attachment was sued out, and defeating recovery was defeating the attachment, it is impossible to separate the process from the…
2Cases cited1 opinion
- Marqueze v. SontheimerMississippi Supreme Court · 1882
3Cited by6 opinions
- Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909
- Allith-Prouty Co. v. WallaceWyoming Supreme Court · 1926
- Cassius M. Carrier & Son v. PoulasMississippi Supreme Court · 1905
- Tebo v. BetancourtMississippi Supreme Court · 1896
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