Jamison v. H. K. Mulford Co.
Mississippi Supreme Court
Appeal from the circuit court of Quitman county. Hon. T. B. Watkins, Judge. Garnishment by H. K. Mulford Co. against A. H. Jamison. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Quitman county. Hon. T. B. Watkins, Judge. Garnishment by H. K. Mulford Co. against A. H. Jamison. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Denying the right to answer for the first time in the circuit court is to all intents and purposes denying the garnishee the right to appeal from a judgment by default because if he cannot answer in the circuit court, an appeal would be worse than folly as no possible relief could be had. It is unnecessary to argue that the denial of a right to the garnishee…
1Opinion of the CourtReed, J.
Appellant failed to answer a writ of garnishment issued by a justice of the peace on a judgment in his court in favor of appellee and: duly served on appellant. Several days after the judgment was entered against him in accordance with the statute (section 2345, Code of 1906), appellant appealed the case to the circuit court. He presented an answer to the garnishment in the circuit court with mo.tion for leave to file. Appellee objected to the filing of an answer for the first time in the circuit court. The trial judge sustained the objection, and refused leave to file the answer. This is…
2Cases cited3 opinions
- George County Bridge Co. v. CatlettMississippi Supreme Court · 1931
- Gulf & Ship Island Railroad v. RamseyMississippi Supreme Court · 1910
- Southern Lumber & Manufacturing Co. v. MallettMississippi Supreme Court · 1911