Martin v. Harvey
Mississippi Supreme Court
Error to the Circuit Court of Lowndes County. Hon. James M. Arnold, Judge. In the Lowndes County Court, W. H. Harvey recovered judgment, Oct. 15, 1869, for $119.22, against one Brown.
Read the full summary
Error to the Circuit Court of Lowndes County. Hon. James M. Arnold, Judge. In the Lowndes County Court, W. H. Harvey recovered judgment, Oct. 15, 1869, for $119.22, against one Brown. A writ of garnishment, issued on Aug. 5,1876, from the Lowndes Circuit Court, was returned: — “ Executed personally on the within-named H. T. Martin, by handing him the within writ of garnishment, this 17th day of August, 1876. “ D. N. Quinn, Sheriff. ” And at the following October Term a judgment by default for $184.72 was rendered against said garnishee, who brings up the case, certain executions issued from…
1Opinion of the CourtSlMRALL, C. J.
The only question really presented by the record for decision is, whether the Circuit Court had jurisdiction to award the process of garnishment against the plaintiff in error, and to take *688cognizance of proceedings arising thereon, and render judgment. The fifth section of the act of July 11, 1870 (Acts 1870, p. 85), makes it the duty of the clerk of the Circuit Court to-enroll all judgments rendered by the County Court which were unsatisfied, and “ to issue executions thereon, in the usual form, as though said judgment was rendered in the Circuit Court.” Prior sections had directed appeals…
2Cited by3 opinions
- S. Bernheimer & Sons v. MartinMississippi Supreme Court · 1889
- State v. KeetonMississippi Supreme Court · 1936
- Wallace v. Helena Electric Railway Co.Montana Supreme Court · 1890