Consumers' Ice Co. v. Cook Well Co.
Mississippi Supreme Court
Erom the circuit court of Washington county. IIon. R. W. Williamson, Judge. The case is stated in the opinion. The court had discretion to grant the application. We submit there was an abuse of discretion. Hodge v. Darden, 51 Miss., 199 ; Pfeifer v. Chamberlain, 52 lb., 89. The garnishee was in court, and subject to its orders until discharged.
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Erom the circuit court of Washington county. IIon. R. W. Williamson, Judge. The case is stated in the opinion. The court had discretion to grant the application. We submit there was an abuse of discretion. Hodge v. Darden, 51 Miss., 199 ; Pfeifer v. Chamberlain, 52 lb., 89. The garnishee was in court, and subject to its orders until discharged. O’Brien v. Liddell, 10 Smed. & M., 371. This case does not conflict with Boberts v. Barry, 42 Miss., 260. The provisions of § 2145, code 1892, must be taken with modifications. It provides that the-issue is to be tried at once, yet it cannot be tried…
1Opinion of the CourtWoods, J.
The Consumers’ Ice Company sued out an attachment against the Cook Well Company, returnable to the May term, 1893, of the circuit court of Washington county, and garnished the Delta Water-works. The garnishee appeared at the return-term as commanded, and answered, under oath, denying indebtedness, etc. No eoutest of the answer of the garnishee was filed at that term, but at the December term the attaching creditor made application for leave to file its traverse of the garnishee’s answer. This application was by *888the court denied, and from this action this appeal is prosecuted.
Section 2145,…
2Cited by3 opinions
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- Wineman v. Clover Farms DairyMississippi Supreme Court · 1934