Harris, Parker & Co. v. Hutcheson
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Warren Cowan, Chancellor. Harris, Parker & Co., sued out an attachment against J. P. Hal-pin & Co., in 1883, and caused a writ of garnishment to be served thereunder on one Lewis Peters. Peters answered denying any indebtedness, and issue was joined on his answer.
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Appeal from the Chancery Court of Warren County. Hon. Warren Cowan, Chancellor. Harris, Parker & Co., sued out an attachment against J. P. Hal-pin & Co., in 1883, and caused a writ of garnishment to be served thereunder on one Lewis Peters. Peters answered denying any indebtedness, and issue was joined on his answer. Judgment was rendered in the attachment suit against H'alpin & Co., in favor of Harris, Parker & Co., but no trial has ever been had on the issue joined on the answer of Peters. In August, 1885, Peters died, and Gr. W. Hutcheson was appointed administrator of his estate.…
1Opinion of the CourtCampbell, J.
*13The appellants did not have such a “claim” against Hutcheson as came within § 2028 of the Code. They had a proceeding in court by which they were trying to get a judgment declaring him to have been debtor to Halpin & Co., and appropriating that indebtedness to their judgment against Halpin & Co.; but they could not probate and register any claim against Hutcheson’s estate, because until they get judgment in the issue they will not be creditors of the estate. The service of the garnishment on Hutcheson gave an inchoate right to the appellants to be consummated by judgment against him to apply…
2Cited by6 opinions
- Stephens v. DuckworthMississippi Supreme Court · 1940
- Robinett v. StarlingMississippi Supreme Court · 1895
- Sledge & Norfleet Co. v. DyeMississippi Supreme Court · 1926
- Carothers v. LoveMississippi Supreme Court · 1934
- Drainage Dist. No. 1 v. EvansMississippi Supreme Court · 1924
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