Schoolfield, Hanauer & Co. v. Hirsh
Mississippi Supreme Court
From the circuit court of "Washington county. Hon. 11. W. Williamson, Judge. In December, 1890, Henrietta Hirsh obtained a judgment against the Louisville, New Orleans & Texas Railway Company for $1,800, and an appeal was prosecuted therefrom by the railway company.
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From the circuit court of "Washington county. Hon. 11. W. Williamson, Judge. In December, 1890, Henrietta Hirsh obtained a judgment against the Louisville, New Orleans & Texas Railway Company for $1,800, and an appeal was prosecuted therefrom by the railway company. In May following, and pending the appeal, appellants, Schoolfleld, Hanauer & Co., recovered a judgment against Mrs. Hirsh, and afterwards caused a writ of gai’nishment to be sued out under their judgment- and served upon the railway company. But, before the suing out of the garnishment, Mrs. Hirsh, being indebted to Theo. Pohl and…
1Opinion of the CourtCampbell, C. J.
All the questions in this case resolve themselves into two, the disposition of which will be decisive of the ease, and render unnecessary any reference to the others. , These questions are:
1. Is the assignment of a judgment valid and effective to vest the title to it in the assignee so as to defeat a garnishment of the judgment debtor by a creditor of the assignor, without notice to the garnishee of the assignment before service of the garnishment ?
We have no hesitation to answer this in the affirmative, both on princiiile and authority. Notice may be important as to the garnishee or the…
2Cases cited4 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Byars's Garnishees v. GriffinMississippi Supreme Court · 1856
- Hastings v. BaldwinMassachusetts Supreme Judicial Court · 1822
- Hart v. ForbesMississippi Supreme Court · 1883
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- Simmons-Belk, Inc. v. MayMississippi Supreme Court · 1973
- Kimberly-Clark Corp. v. Alpha Building Co.District Court, N.D. Mississippi · 1984
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