Lamb v. Russell
Mississippi Supreme Court
From the circuit court of Warren county. Hon. George Anderson, Judge. . The appellee, Russell, was plaintiff in the court below, the action being against the Iowa Packing & Provision Company, defendant, and the appellant Garrett E. Lamb, executor of Artemus Lamb, interposed a claim to the credits of the defendant which had been made the subject of garnishment.
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From the circuit court of Warren county. Hon. George Anderson, Judge. . The appellee, Russell, was plaintiff in the court below, the action being against the Iowa Packing & Provision Company, defendant, and the appellant Garrett E. Lamb, executor of Artemus Lamb, interposed a claim to the credits of the defendant which had been made the subject of garnishment. Russell brought suit in the circuit court against the Iowa Packing & Provision Company, a foreign corporation, to recover damages in the sum of 1861.76. Summons, was issued, and the sheriff made the following return thereón: “I have…
1Opinion of the CourtCalhoon, J.
Looking over the whole record, this cause must be sent back to stand for action as a pending case in the court below. There appears no service of process in any shape on the Iowa corporation on the attachment issue, and so the trial of the claimant’s issue was premature. French v. Sale, 60 Miss., 530. The objection to the service of process on the main suit upon the declaration should be by plea. It is valid on its face.
The presentation in the deposition of Garrett E. Lamb show's no right in him as executor. The corporation was insolvent. Its capital stock was $50,000. Of this, Artemus Lamb,…
2Cases cited1 opinion
- French v. SaleMississippi Supreme Court · 1882
3Cited by4 opinions
- Wood v. Gulf States Capital CorporationMississippi Supreme Court · 1968
- Cooper v. Mississippi Land CompanyMississippi Supreme Court · 1969
- Smith v. Mississippi Livestock Producers Ass'nMississippi Supreme Court · 1966
- City National Bank v. Goshen Woolen Mills Co.Indiana Court of Appeals · 1903