Weimer v. Scales
Mississippi Supreme Court
From the chancery court of Noxubee county. N. Scales, who was doing a mercantile business at Macon, Miss., made a general assignment for his creditors, to C. M. Scales, assignee.
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From the chancery court of Noxubee county. N. Scales, who was doing a mercantile business at Macon, Miss., made a general assignment for his creditors, to C. M. Scales, assignee. The assignee took immediate possession of the property assigned and filed the deed of assignment for record in the chancery clerk’s office, and began the preparation of his-petition and bond as required by chapter 8 of the code of 1892. Before the petition and bond were filed, but after the deed of assignment had been filed for record, Weimer, Wright & Watkins sued out a writ of attachment and had it levied upon the…
1Opinion of the CourtWooes, J.
Is an attachment maintainable in case of levy after the execution of an assignment but before the assignee has filed his petition and bond? Section 117, code of 1892, declares that the assignee £ £ shall, before he enters upon the discharge of his duties, after taking possession, and within twenty-four hours thereafter, file a petition in the chancery court, ’ ’ etc., to which petition the assignor and all of his creditors must be made parties. Section 118 requires that bond must be filed with the petition, which is to be conditioned and approved as therein directed, and § 119 declares that,…
2Cases cited1 opinion
- J. Pollock & Co. v. Okolona Savings InstitutionMississippi Supreme Court · 1883
3Cited by1 opinion
- Stanton Trust & Savings Bank v. Northern Montana Ass'n of Credit MenMontana Supreme Court · 1926