Greenwood Grocery Co. v. Bennett
Mississippi Supreme Court
Appeal from the circuit court of Leflore county. Hon. P. O. Chapman, Special Judge. Suit by the Greenwood Grocery Company against W. B. &• T. R. Bennett. Prom a judgment quashing the attachment plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Leflore county. Hon. P. O. Chapman, Special Judge. Suit by the Greenwood Grocery Company against W. B. &• T. R. Bennett. Prom a judgment quashing the attachment plaintiff appeals. The facts are fully stated in the opinion of the court. The motion to quash the writs and bond should have been overruled, and the' motion to allow plaintiff to amend same, or, substitute a new one in its place should have been sustained. 'Motion is the incorrect way to raise these questions; they should have been raised by exceptions to the affidavit and bond. We submit, as a matter…
1Opinion of the CourtCook, J.
This action was begun by attachment. Printed forms for the affidavits and bonds were used.- In filling out the attachment blanks, the name of the creditor was omitted in the affidavit, and the party making the affidavit was not described as creditor, agent, or attorney, but he did sign the affidavit “E. M. Purcell, secretary and treasurer.” The bond was in due form and properly signed, except the Greenwood Grocery Company was not described as a corporation. The writ of attachment was in the language of the statute, and the declaration sets out the names of the parties to the suit, and was in…
2Cases cited1 opinion
- Bishop Bros. v. FennertyMississippi Supreme Court · 1872
3Cited by2 opinions
- McCullar & Co. v. MinkMississippi Supreme Court · 1920
- Mississippi State Highway Commission v. ArndtMississippi Supreme Court · 1974