Tupper v. Cassell & Baughn
Mississippi Supreme Court
Error to the circuit court of Madison county. Campbell, J. Defendant sued out an attachment against the estate of Leggett for $102 81 due on open account, with interest from 1st January, 1857. T. C. Tupper, garnishee, was summoned and admitted he gave Leggett a note for about $100, muds about 1st January, 1858, due at twelve months; has been informed that it has been transferred to Thornhill & Co. At a subsequent term, judgment by default was taken against Leggett for $120…
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Error to the circuit court of Madison county. Campbell, J. Defendant sued out an attachment against the estate of Leggett for $102 81 due on open account, with interest from 1st January, 1857. T. C. Tupper, garnishee, was summoned and admitted he gave Leggett a note for about $100, muds about 1st January, 1858, due at twelve months; has been informed that it has been transferred to Thornhill & Co. At a subsequent term, judgment by default was taken against Leggett for $120 03, October 13, 1859. There appears no order of publication, but the eptry of default recites that it appears to the…
1Opinion of the Court
Simball, J.:
This writ of error is prosecuted by Mary H. Tupper, executrix of T. C. Tupper, deceased, to review a judgment rendered against her as garnishee.
The answer of her testator admitted an indebtedness of about $100, by promissory note, payable to Wm. GK Leggett, dated about 1st January, 1858, and due about twelve months thereafter ; but states that he had been informed that the note had been transferred, and was owned by Thornhill & Co., of New Orleans, La., but whether before or after service of garnishment process, respondent did not know. He prayed that Cassell and Baughn, the…
2Cases cited1 opinion
- Kellogg v. StateMississippi Supreme Court · 1870
3Cited by1 opinion
- Lake Park State Bank v. Rood Bros.Supreme Court of Iowa · 1911