Holmes v. Herndon
Mississippi Supreme Court
In error from the Circuit Court of Kemper county. Hon. John Watts, judge. The defendant in error, having recovered a judgment against one Pierce, procured the plaintiff in error to be summoned as a garnishee. The answer of the plaintiff in error to the summons was, on motion of Herndon, stricken out, and a judgment final was rendered against Holmes, for the full amount of the judgment against Pierce, and costs. From this judgment this writ of error is prosecuted.
1Per curiam
— The court rejected the answer of the garnishee, and rendered a final judgment against him for the amount of the judgment. This was error; the court, on striking out the answer, could only render such’judgment as could be rendered if no answer had been filed.
Judgment reversed; cause remanded.
2Cited by1 opinion
- Hussey v. HusseyMississippi Supreme Court · 1955