Erwin v. Heath
Mississippi Supreme Court
Error to tbe Circuit Court of Washington County. Hon. C. C. Shackeuford, Judge. Erwin, the plaintiff in error, was a garnishee, against whom a judgment by default was rendered for $475, at the November term, 1872, of the Washington county circuit court, in a suit by attachment, wherein John Heath was plaintiff and E. P. Tyree was defendant.
Read the full summary
Error to tbe Circuit Court of Washington County. Hon. C. C. Shackeuford, Judge. Erwin, the plaintiff in error, was a garnishee, against whom a judgment by default was rendered for $475, at the November term, 1872, of the Washington county circuit court, in a suit by attachment, wherein John Heath was plaintiff and E. P. Tyree was defendant. Heath sued out an attachment against Tyree to tbe July term, 1871, of said court, on the ground that Tyree had removed himself out of the state. The attachment was served on Erwin, plaintiff in error, and Denson, as garnishees ; no service on Tyree, the…
1Opinion of the CourtSlMRALL, J.
This writ of error is prosecuted by Erwin, to revive a judgment rendered against him, as garnishee, on the suggestion that he was indebted to E. P. Tyree, defendant in the attachment suit brought by Heath.
Judgment final was rendered against Erwin for want of an answer. No irregularity has been pointed out in the proceedings against Erwin. But the assignment of errors impugns the regularity and validity of the judgment against Tyree, the debtor of the plaintiff Heath.
It is well settled, that judgment cannot be rendered against the garnishee until after the recovery of judgment against…
2Cases cited4 opinions
- Holman v. FisherMississippi Supreme Court · 1873
- Calhoun, Bull & Co. v. WareMississippi Supreme Court · 1857
- Moore v. WilliamsMississippi Supreme Court · 1870
- Roberts v. BarryMississippi Supreme Court · 1868
3Cited by5 opinions
- Missouri, K. & T. Ry. Co. v. BradshawSupreme Court of Oklahoma · 1913
- State v. KeetonMississippi Supreme Court · 1936
- Lewenthall v. Mississippi MillsMississippi Supreme Court · 1877
- Wood v. Page & MoranMississippi Supreme Court · 1877
- Yazoo M.V.R. Co. v. WilliamsMississippi Supreme Court · 1925