McKinney v. Adams
Mississippi Supreme Court
From the chancery court of Sharkey county. I-Ion. James Stowers Hicks, Chancellor. McKinney and others, appellants, were complainants in the court below; Adams, appellee, was defendant there. The facts are stated in the opinion of the court.
Read the full summary
From the chancery court of Sharkey county. I-Ion. James Stowers Hicks, Chancellor. McKinney and others, appellants, were complainants in the court below; Adams, appellee, was defendant there. The facts are stated in the opinion of the court. I'Ve will first consider the effect upon the judgment rendered in the Adams case by the failure to make the'affidavit required by Code 1892, § 143. That section requires that before publication can be made in cases of attachment against persons residing out of the state, the creditor, his agent, or attorney, shall file . with the clerk his affidavit if…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
The facts in this case are as follows: On June 26, 1905, the appellants filed a bill of complaint in the chancery court of Sharkey county, Miss., against A. J. Adams, a citizen and resident of that county. The bill alleged: That on August 12, 1901, the appellant McKinney sued out an attachment writ in a justice court against J. A. Pfeifer as a nonresident, and that the writ was levied on all that part of the S. E. J of the S. E. of section 7, township 13, range 5, lying west of O'onner Bayou, containing 30 acres, more or less, and on all…
2Cases cited21 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900
- Walker v. GoldsmithOregon Supreme Court · 1886
- Smith v. MorrillColorado Court of Appeals · 1898
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cotton v. HarlanMississippi Supreme Court · 1920
- McIntosh v. Munson Road MacHinery Co.Mississippi Supreme Court · 1933
- Old Ladies Home Assn. v. HallMississippi Supreme Court · 1951
- Atwood v. Hicks by HicksMississippi Supreme Court · 1989
- Reeves v. FuquaCourt of Appeals of Texas · 1925
6 more not listed; retrieve them via the Exa API.