Smith v. German Bank
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County. Hon. W. G. Phelps, Chancellor. On the seventh day of April, 1880, F. A. Cox and others filed a bill against W. H. Johnson and James B. Johnson, and in connection therewith sued out an attachment which they caused to be served on Charles H. Smith, as garnishee.
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Appeal from the Chancery Court of Washington County. Hon. W. G. Phelps, Chancellor. On the seventh day of April, 1880, F. A. Cox and others filed a bill against W. H. Johnson and James B. Johnson, and in connection therewith sued out an attachment which they caused to be served on Charles H. Smith, as garnishee. On the 5th of March, 1881, the German Bank [of Greenville, Miss.], having been admitted as a defendant to the bill, filed an answer which it made a cross-bill against the complainants and defendants in the original bill and the garnishee Smith. The purpose of the garnishment was to…
1Opinion of the CourtChalmers, J.
Whatever may be the rule in other States, it is distinctly settled in this State by the case of Work v. Glaskins, 33 Miss. 539, that a garnishee is liable for interest on the debt due by him pendente lite. Nor do we think that if it was a question of first impression, we would be disposed to announce a different conclusion. A garnishee who admits the debt due, and is unwilling to retain the money on interest, can always escape the necessity of doing so by paying it into court; and if he does not do this, it is proper that the continued payment of interest should fall on him rather than that…
2Cases cited1 opinion
- Work v. GlaskinsMississippi Supreme Court · 1857
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