Cantrell v. Letwinger
Mississippi Supreme Court
Error t© the circuit court of Copiah eounty. McNaib., J. Plaintiff in error assigned the following causes of error: 1st. That there is no sufficient affidavit appearing of record, to authorize the writ of attachment issued in this eause. 2d. That there is n® sufficient affidavit appearing of record, to found the jurisdiction of the eourt, or'authorize the judgment given in this cause. 3d.
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Error t© the circuit court of Copiah eounty. McNaib., J. Plaintiff in error assigned the following causes of error: 1st. That there is no sufficient affidavit appearing of record, to authorize the writ of attachment issued in this eause. 2d. That there is n® sufficient affidavit appearing of record, to found the jurisdiction of the eourt, or'authorize the judgment given in this cause. 3d. Because there was no sufficient levy of said writ of attachment, to found the jurisdiction of the court, or authorize the judgment given in this cause. 4th. Because there is no sufficient evidence or legal…
1Opinion of the Court
Tarbell, J.:
In March, 1868, Letwinger sued out a writ of attachment against Cantrell, returnable to the circuit court of Copiah county, at the April term thereof then next, for the recovery of the sum of one hundred and twenty dollars. Judgment was obtained against defendant, in attachment by default, and the latter now asks this court to reverse the judgment, on the grounds that the judgment is erroneous, because of *439the insufficiency of the affidavit upon which the attachment was issued, and for defects in the sheriff’s return of service. The material portions of the affidavit are as…
2Cases cited5 opinions
- Keithler v. StateMississippi Supreme Court · 1872
- Merritt v. WhiteMississippi Supreme Court · 1859
- Crizer v. GorrenMississippi Supreme Court · 1867
- Griffing v. MillsMississippi Supreme Court · 1866
- Standefer v. WelbyMississippi Supreme Court · 1853
3Cited by1 opinion
- New England Terminal Co v. Spentonbush Fuel Transport Service, Inc.Superior Court of Rhode Island · 1934