Tebo v. Betancourt
Mississippi Supreme Court
From the circuit court of Jackson county. Hon. S. H. Terral, Judge. The facts are sufficiently stated in the opinion. The question presented is whether a defendant in an attachment suit can recover damages on the attachment bond when there has been none of his property levied on.
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From the circuit court of Jackson county. Hon. S. H. Terral, Judge. The facts are sufficiently stated in the opinion. The question presented is whether a defendant in an attachment suit can recover damages on the attachment bond when there has been none of his property levied on. This case is different from the case of Buchly v. YanBiv&r, 70 Miss., 622. In that case, while no plea in abatement was filed and the plaintiff’s suit was defeated on the merits, Mrs. VanDiver’s property had been seized under the writ, and she was allowed damages. In the case at bar not a single dollar’s worth of…
1Opinion of the CourtWhitfield, J.
Manuel sued out an attachment against F. Betancourt, on the ground of nonresidence alone. The only property seized under the attachment was the schooner, Tres Hermonos, which was the property not of Betancourt, but of Rosa Betancourt, his wife. The sheriff gave Rosa Betancourt an indemnifying bond. No property at all of F. Betancourt was attached. Rosa Betancourt filed her claimant’s affidavit at the return term. F. Betancourt, who was a nonresident, but none of whose property had been in any way attached, appeared, and pleaded to the main suit on the merits, the general issue and other pleas…
2Cases cited2 opinions
- Buckley v. VanDiverMississippi Supreme Court · 1893
- Stauffer v. GarrisonMississippi Supreme Court · 1883
3Cited by1 opinion
- Collins v. WheelessMississippi Supreme Court · 1934