McClanahan v. Brack
Mississippi Supreme Court
Error to the circuit'court of Monroe county. Boone, J. The facts are distinctly stated in the opinion of the court. The first ground for quashing assigned in the motion is, that “it appears from said writ it was not issued on any ground known at the time to the laws of Mississippi.
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Error to the circuit'court of Monroe county. Boone, J. The facts are distinctly stated in the opinion of the court. The first ground for quashing assigned in the motion is, that “it appears from said writ it was not issued on any ground known at the time to the laws of Mississippi. In order to identify the writ of attachment with that for which the affidavit is made and bond executed (so that in case of a “-wrongful suing out,” the sureties on the bond may be made liable without question), the writ should recite from the affidavit. Rev. Code, 374. Jurisdiction must also affirmatively appear.…
1Opinion of the Court
Simrall, J.:
The “cause” for the attachment, was that McClanahan, the debtor, had assigned a part of his property, and was about to dispose of part thereof, with intent to give an unfair preference to some of his creditors.” The affidavit and bond are dated the 24th of November, 1866. The attachment was issued the 12th of December, 1866. The writ directed the sheriff to attach the debtor’s property, etc., so as to compel his appearance at the court, to be held on the seventh Monday after the fourth Monday of March, 1866. The writ, in reciting the affidavit, in the final word uses the pronoun…
2Cases cited3 opinions
- People ex rel. Macey v. HillsdaleNew York Supreme Court · 1807
- Wright v. RaglandTexas Supreme Court · 1857
- Graham v. BradburySupreme Court of Missouri · 1841
3Cited by4 opinions
- Hadden v. LinvilleCourt of Appeals of Maryland · 1897
- Spratley v. KitchensMississippi Supreme Court · 1878
- Lagrone v. Mobile & Ohio RailroadMississippi Supreme Court · 1890
- Rosenthal v. WindensohlerMissouri Court of Appeals · 1905