Moody & Williams v. Dye
Mississippi Supreme Court
Appeal from chancery court of Sharkey county. Hon. E. N. Thomas, Chancellor. Suit by T. W. Dye, and others against Moody & Williams. From a decree sustaining the bill, defendants appeal. To vacate the judgment against him as garnishee Dye attacks the judgment against Cook, in favor of Pitts, upon which the writ of garnishment was issued, as being void.
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Appeal from chancery court of Sharkey county. Hon. E. N. Thomas, Chancellor. Suit by T. W. Dye, and others against Moody & Williams. From a decree sustaining the bill, defendants appeal. To vacate the judgment against him as garnishee Dye attacks the judgment against Cook, in favor of Pitts, upon which the writ of garnishment was issued, as being void. This constitutes a collateral attack on that judgment, and we submit, in respect to its validity, or binding-effect it is not open to impeachment in any collateral action or proceeding. The purpose of this proceeding is to vacate the judgment,…
1Opinion of the CourtHolden, J.
This appeal presents a suit which was started by a bill filed by appellee Dye seeking to vacate a judgment against him as garnishee, and to perpetually enjoin execution under it. From a decree sustaining the bill appellants, Moody & Williams, assignees of the judgment against Dye appeal.
Briefly stated, in 1915 W. T. Pitts sued and recovered judgment against E. B. Cook for two thousand, eight hundred and ten dollars as damages for breach of a contract. Garnishment upon this judgment in favor of Pitts was issued against appellee Dye, and .a judgment for the amount of two thousand, eight hundred…
2Cases cited4 opinions
- Chicago Herald Co. v. BryanSupreme Court of Missouri · 1906
- Alabama Great Southern Ry. Co. v. CrawleyMississippi Supreme Court · 1918
- Cook v. PittsMississippi Supreme Court · 1917
- Willis v. LoebMississippi Supreme Court · 1881
3Cited by6 opinions
- Grace v. PierceMississippi Supreme Court · 1921
- Mares v. SchuthNew Mexico Supreme Court · 1933
- McNaughton v. LewisSupreme Court of Oklahoma · 1927
- Buckley v. F. L. Riley Mercantile Co.Mississippi Supreme Court · 1929
- Grain Dealers Mutual Insurance v. LanglinaisMississippi Supreme Court · 1961
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