Smith v. Mulhern
Mississippi Supreme Court
Error to the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. The plaintiff in error sued out an attachment before a justice of the peace in Noxubee County against Thomas Mulhern, his debtor, under Code 1871, § 1420, and Thomas Henry, a resident of the county, was summoned as garnishee.
Read the full summary
Error to the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. The plaintiff in error sued out an attachment before a justice of the peace in Noxubee County against Thomas Mulhern, his debtor, under Code 1871, § 1420, and Thomas Henry, a resident of the county, was summoned as garnishee. Mulhern was not found, but was published for as a non-resident, and on the return day, his counsel appeared with an affidavit, alleging that he was a householder and resident of Madison County, and moved to dismiss the suit. The motion was overruled by the magistrate, and no further defence being…
1Opinion of the CourtCampbell, J.
The courts of Noxubee County had jurisdiction of the attachment. The fact that the defendant had effects in that county made it proper to sue out an attachment there, returnable to the proper court of that county, although the defendant resided in another county. Barnett v. Ring, 55 Miss. 97. It was improper to dismiss the case. If the defendant desired •to controvert the affidavit made by the plaintiff to obtain the attachment, his course was to plead in abatement, when an issue would have been made and tried as directed by the statute. Code 1871, § 1458, et seq. We have decided that a…
2Cases cited2 opinions
- McLemore v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1880
- Barnett v. RingMississippi Supreme Court · 1877
3Cited by2 opinions
- Clark v. Louisville & N. R. Co.Mississippi Supreme Court · 1930
- J. F. Baum & Co. v. BurnsMississippi Supreme Court · 1888