Liverpool & London & Globe Insurance v. Threefoot Bros. & Co.
Mississippi Supreme Court
From the circuit court of Clarke county. Hon. S. II. Terral, Judge. On December 7, 1891, Threefoot Bros. & Co. sued out an attachment against W. II. Whittle, and caused the writ to be-levied on a stock of merchandise. A claim was interposed by A. Ii. Wright and W. T. Scott, who gave bond as claimants and took possession of the goods.
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From the circuit court of Clarke county. Hon. S. II. Terral, Judge. On December 7, 1891, Threefoot Bros. & Co. sued out an attachment against W. II. Whittle, and caused the writ to be-levied on a stock of merchandise. A claim was interposed by A. Ii. Wright and W. T. Scott, who gave bond as claimants and took possession of the goods. In March following, the appellant, the Liverpool & London & Globe Insurance Co., issued a policy of insurance in tlieir favor covering the stock, and a few days thereafter it was destroyed by fire. Thereupon plaintiffs caused an alias writ of attachment to…
1Opinion of the CourtCampbell, C. J.
The judgment against the garnishee was unauthorized, in view of the appearance and attempt to comply with the summons of garnishment. Little v. Nelson, 61 Miss., 672; Insurance Co. v. Hirsh, 61 Ib., 74.
Reversed, and remanded to the circuit court.
2Cases cited1 opinion
- Little v. NelsonMississippi Supreme Court · 1884
3Cited by1 opinion
- Hussey v. HusseyMississippi Supreme Court · 1955