Blair v. Kansas City, Memphis & Birmingham Railroad
Mississippi Supreme Court
From the chancery court of Lee county. Hon. Baxter McFarland, Chancellor. Blair & Anderson, lawyers, appellants, were complainants in the court below; Joy L. Torrey and others, nonresidents of Mississippi, and the railroad company, were defendants there. The suit wras an attachment in chancery.
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From the chancery court of Lee county. Hon. Baxter McFarland, Chancellor. Blair & Anderson, lawyers, appellants, were complainants in the court below; Joy L. Torrey and others, nonresidents of Mississippi, and the railroad company, were defendants there. The suit wras an attachment in chancery. Defendant, Torrey, a colonel of a Wyoming cavalry regiment during the recent war with Spain, and his soldiers, were being carried by the appellee railroad company through this state, the trains running in two or more sections; the first section having stopped at Tupelo, the second ran into it, and…
1Opinion of the CourtWhitfield, J.
In Dollman v. Moore, 70 Miss., 267, the liability was an ascertained fixed debt, and the garnishee could and did answer, admitting that it owed the sum certain due.
In Gordon v. Warfield, 74 Miss., 557, the attachment in chancery was levied on land of the nonresident defendant, and it was held that in such case the chancery court had jurisdiction to inquire into and ascertain the liability arising ex delicto even, and enter a decree therefor, as between the original parties, and decree a sale of the defendant’s land to pay the amount of the liability when ascertained. There was no garnishment…
2Cases cited1 opinion
- Dollman v. MooreMississippi Supreme Court · 1892
3Cited by7 opinions
- Preferred Risk Mut. Ins. Co. v. JohnsonMississippi Supreme Court · 1998
- American Nat. Ins. Co. v. United States Fidelity & G. Co.Mississippi Supreme Court · 1968
- Travelers' Ins. Co. v. InmanMississippi Supreme Court · 1930
- Craig v. GaddisMississippi Supreme Court · 1934
- McGrath Corp. v. Vera Cruz Cia. Naviera, S.A.Mississippi Supreme Court · 1971
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