Byars's Garnishees v. Griffin
Mississippi Supreme Court
In error from the Circuit Court of Yazoo county. Hon. E. Gr. Henry, judge. Cited 12 S. & M. 516; 25 Miss. E. 50; 26 lb. 427; 1 Nott & M‘Cord, 249; 5 Shepley, 327; 2 Greenl. E. 143; lb. 322; 16 Johns. E. 51; 19 lb. 95. Cited 6 Yes. Jr. 230; 5 Peters, E. 591; 12 S. & M. 519; 3 Black. Com. 157; 1 Ohitty, PI. 116; Bac. Abr. Tit. Cov. 551; Tate, Dig. 30; Harwood v. Lewis, 2 Cond. (U. S.) E. 307; Henderson v. Hepburn, 2 Call. E. 232; 25 Miss. E. 49; 26 lb. 425; 2 Spence, Eq.
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In error from the Circuit Court of Yazoo county. Hon. E. Gr. Henry, judge. Cited 12 S. & M. 516; 25 Miss. E. 50; 26 lb. 427; 1 Nott & M‘Cord, 249; 5 Shepley, 327; 2 Greenl. E. 143; lb. 322; 16 Johns. E. 51; 19 lb. 95. Cited 6 Yes. Jr. 230; 5 Peters, E. 591; 12 S. & M. 519; 3 Black. Com. 157; 1 Ohitty, PI. 116; Bac. Abr. Tit. Cov. 551; Tate, Dig. 30; Harwood v. Lewis, 2 Cond. (U. S.) E. 307; Henderson v. Hepburn, 2 Call. E. 232; 25 Miss. E. 49; 26 lb. 425; 2 Spence, Eq. Juris. 860, § 861; 6 Yes. Jr. 328; 9 S. & M. 373; lb. 308.
1Opinion of the CourtHandy, J.
This was an attachment issued at the instance of the defendant in error against John A. Byars, and levied upon credits alleged to belong to him in the hands of the trustees of a public school, who were summoned as garnishees. These garnishees answered, stating that they had executed to Byars a written agreement, by which they had contracted to pay him a stipulated sum of money for teaching the school, that he had performed the contract on his part, and that the money was due from them under the contract; but that before the service of the garnishment, the trustees received notice from one…
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