J. B. Fellows & Co. v. Brown
Mississippi Supreme Court
Error to the Circuit Court of Chickasaw county. Hon. Joel M. Acker, judge. After the plaintiff had reformed and amended his whole pleading and process to suit himself, the defendant moved to quash the attachment, because it did not allege a ground of action upon which an attachment could issue. This point is of more importance to the defendant below than all the preceding, as it goes to the whole action; and, if sustained by the court, will dismiss the attachment.
Read the full summary
Error to the Circuit Court of Chickasaw county. Hon. Joel M. Acker, judge. After the plaintiff had reformed and amended his whole pleading and process to suit himself, the defendant moved to quash the attachment, because it did not allege a ground of action upon which an attachment could issue. This point is of more importance to the defendant below than all the preceding, as it goes to the whole action; and, if sustained by the court, will dismiss the attachment. He asks the attention of the court to it. The affidavit in the attachment, as now amended, embodies the allegation of the new…
1Opinion of the CourtHakdy, J.
This suit was commenced by attachment sued out by the defendant in error against the plaintiffs in error. Several exceptions were taken in the course-of the proceedings in the court below, to the rulings of the court, and are now assigned for error here. But we deem it necessary to consider only the assignment founded on the motion made by the defendants below, to quash the attachment after the affidavit was amended, and a new declaration was filed; which motion was overruled.
The original affidavit on which the attachment was issued,' stated that the defendants “ are justly indebted to the…
2Cited by1 opinion
- Nethery v. BeldenMississippi Supreme Court · 1889