Lewenthall v. Mississippi Mills
Mississippi Supreme Court
Error to the Circuit Court of Lincoln County. Hon. J. M. Smiley, Judge. This was an attachment suit by the defendant in error against the plaintiffs in error, before a justice of the peace. A plea in abatement by the defendants below was sustained, and. a judgment rendered in their favor for $25 as damages.
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Error to the Circuit Court of Lincoln County. Hon. J. M. Smiley, Judge. This was an attachment suit by the defendant in error against the plaintiffs in error, before a justice of the peace. A plea in abatement by the defendants below was sustained, and. a judgment rendered in their favor for $25 as damages. Oh the next day after the rendition of the judgment on the plea in abatement, the justice of the peace gave judgment for the-plaintiff for $96.55, the amount of the debt claimed of the ■defendants. The case was carried to the Circuit Court by certiorari, on the petition of the defendants…
1Opinion of the CourtCampbell, J.
When the issue made by a plea in abatement of an attachment traversing the ground on which the writ was obtained is found in favor of the defendant, the attachment is required to be dismissed. Code, sec. 1463. And it is erroneous in such case to proceed with the case as if .the suit ■ had been commenced by summons, as in ordinary actions.
The dismissal of the attachment is an end of the suit commenced by attachment. It is not .true that an attachment comprises two suits, where the defendant is summoned to answer, or appears and pleads, and that.the plaintiff may fail in his attachment and…
2Cases cited4 opinions
- Holman v. FisherMississippi Supreme Court · 1873
- Erwin v. HeathMississippi Supreme Court · 1874
- Bishop Bros. v. FennertyMississippi Supreme Court · 1872
- Mense v. OsbernSupreme Court of Missouri · 1839
3Cited by1 opinion
- Bates v. CrowMississippi Supreme Court · 1880