White v. Roach
Mississippi Supreme Court
From the circuit court of Holmes county. Hon. James M. Oashin, Judge. Boach, appellee, was plaintiff in the court below. The Barr-Boach Lumber Company was defendant there. The suit was an attachment and the property in controversy was levied upon under the attachment writ, and was claimed by White, appellant. From a judgment in plaintiff’s favor against, not only the defendant in attachment, but the claimant as well, the claimant appealed to the supreme court.
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From the circuit court of Holmes county. Hon. James M. Oashin, Judge. Boach, appellee, was plaintiff in the court below. The Barr-Boach Lumber Company was defendant there. The suit was an attachment and the property in controversy was levied upon under the attachment writ, and was claimed by White, appellant. From a judgment in plaintiff’s favor against, not only the defendant in attachment, but the claimant as well, the claimant appealed to the supreme court. The facts as stated by Anderson, J., were as follows: “This is an attachment suit by the appellee, J. H. Boach, against Barr-Boach…
1Opinion of the CourtAnderson, J.
The ground on which the court below rendered judgment against appellant was that he failed to join issue *314on appellee’s tender at the return term of the attachment, Section 163, Code 1906, is as follows: “All the provisions of law in relation to third persons claiming property levied on by virtue of fieri facias shall extend and apply to claimants of property levied on by virtue of writs of attachment, The trial of the right of property shall not be had until after judgment in favor of the plaintiff in the attachment suit, and proceedings in garnishment shall be in accordance with the…
2Cases cited1 opinion
- Bedford, French & Goodwin Co. v. W. T. Adams Machine Co.Mississippi Supreme Court · 1908
3Cited by3 opinions
- Mahaffey Co. v. Russell & ButlerMississippi Supreme Court · 1911
- Piqua Sav. Bank v. Copiah Hardware Co.Mississippi Supreme Court · 1927
- Farrand Co. v. HustonMississippi Supreme Court · 1915