Armitage v. Rector, Ratliff & Co.
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. R. A. Armitage made an assignment for the benefit of his creditors and was afterward sued in attachment by Rector, Ratliff & Co., upon the ground that he had assigned or disposed of his property with intent to defraud his creditors, and for other causes.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. R. A. Armitage made an assignment for the benefit of his creditors and was afterward sued in attachment by Rector, Ratliff & Co., upon the ground that he had assigned or disposed of his property with intent to defraud his creditors, and for other causes. The writ of attachment was issued by a justice of the peace of one district and made returnable to “ a justice’s court to be held at Utica,” in Hinds County — in a different justice’s district, without naming the justice to whose court it was returnable. The defendant…
1Opinion of the CourtArnold, J.
The motion to quash the writ and dismiss the cause was properly overruled. The statute provides that any justice of the peace may issue attachments in cases within his jurisdiction as to amount, returnable before himself or any other justice of the peace of any district in which the defendant or any of his property or effects may be found (Code, § 2475, Acts 1884, 78), and the affidavit and bond in such case is to be returned to the court to which the writ is made returnable. Code, § 2416. If the affidavit, writ, and *605bond were filed in the office of Hunter, as alleged, they must have been…
2Cases cited1 opinion
- Mattison v. JuddMississippi Supreme Court · 1881