Dibrell v. Neely
Mississippi Supreme Court
Appeal from the Circuit Court of Chickasaw County. How. J. W. Buchanan, Judge. On September 12, 1881, Lewis Bean sued Mary A. Neely for two thousand dollars’ damages for breaking and entering his close, and on October 3, 1882, a firm composed ‘of C. C. Dibrell and others, having a judgment in a justice’s court for one hundred and twenty-one dollars against Lewis Bean, obtained a writ of garnishment, which was next day served on Mary A. Neely.
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Appeal from the Circuit Court of Chickasaw County. How. J. W. Buchanan, Judge. On September 12, 1881, Lewis Bean sued Mary A. Neely for two thousand dollars’ damages for breaking and entering his close, and on October 3, 1882, a firm composed ‘of C. C. Dibrell and others, having a judgment in a justice’s court for one hundred and twenty-one dollars against Lewis Bean, obtained a writ of garnishment, which was next day served on Mary A. Neely. She answered, on October 9, 1882, that she was not indebted to Lewis Bean. Before service of this writ a judgment for one hundred and fifty dollars was…
1Opinion of the CourtCampbell, C. J.
Until final judgment in favor of Bean against the appellee on his claim for damages she could not be said to be his debtor, so as to be held as a garnishee. The service of a summons on her as garnishee *220could not prevent her from moving for and obtaining a new trial or deprive her of the right to obtain a new trial on any terms she could make with her adversary, and when the judgment was set aside she was not indebted to Bean, and therefore not liable as garnishee. To deny her the right to bargain with Bean as she saw fit, so long as the litigation between them was not finally concluded by…
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