Bonds v. Garvey
Mississippi Supreme Court
From the chancery court of, first district, Hinds county. Hon. Robert B. Mayes, Chancellor. Bonds, the appellant and complainant, sued out an attachment in chancery against Garvey, a nonresident, the appellee and defendant. The Merchants’ Bank, a resident corporation, was made defendant upon the charge that it was indebted to Garvey, or had effects of his in its hands or possession.
Read the full summary
From the chancery court of, first district, Hinds county. Hon. Robert B. Mayes, Chancellor. Bonds, the appellant and complainant, sued out an attachment in chancery against Garvey, a nonresident, the appellee and defendant. The Merchants’ Bank, a resident corporation, was made defendant upon the charge that it was indebted to Garvey, or had effects of his in its hands or possession. Garvey, the nonresident defendant, appeared and denied that he was indebted to complainant, and the court below heard the testimony on that issue and decreed in Garvey’s favor, awarding him damages because of the…
1Opinion of the CourtWhitfield, C. J.
There is no provision in the statute regulating attachments in chancery requiring the complainant to give bond as is required in respect to a plaintiff in attachments at law; nor is there any pro*337vision in the statute law on the subject authorizing a chancery court to allow damages by way of attorneys’ fees, etc., in attachments in chancery. The whole matter of damages in attachment proceedings is purely statutory, and in the absence of a statute providing therefor we do not think the court was correct in allowing the damages in this case. See Stauffer v. Garrison, 61 Miss., 67, and other…
2Cases cited1 opinion
- Stauffer v. GarrisonMississippi Supreme Court · 1883
3Cited by4 opinions
- I. B. Rowell & Co. v. SandiferMississippi Supreme Court · 1922
- Burt v. RobertsMississippi Supreme Court · 1951
- D. Rosenbaum's Sons v. Davis & Andrews Co.Mississippi Supreme Court · 1916
- Beloit v. GreenIdaho Supreme Court · 1926