Kehlor Flour Mills Co. v. Reeves Grocery Co.
Mississippi Supreme Court
Appeal from the circuit court of Lee county. HoN. Claude ClaytoN, Judge. Attachment by the Reeves Grocery Company against the Kehlor Flour Mills Company, wherein the Lee County Bank was a garnishee. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Lee county. HoN. Claude ClaytoN, Judge. Attachment by the Reeves Grocery Company against the Kehlor Flour Mills Company, wherein the Lee County Bank was a garnishee. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Appellant’s motion to quash the attachment and give judgment for the defendant should have been sustained, because this is an action ex delicto as the declaration shows one for. fraud and deceit,- sounding wholly in tort, and therefore one to which the remedy of attachment does not extend. J.…
1Opinion of the CourtEthridge, J.
This is an appeal from the circuit court of Lee county from a judgment in attachment against the Kehlor Flour Mills Company. Beeves Grocery Company sued out an attachment against the Kehlor Flour Mills Company alleging in the affidavit an indebtedness of four hundred and eighty dollars, and garftshed the Lee County Bank and attached a consignment of shorts to the Beeves Grocery Company. The car of shorts was consigned to the Beeves Grocery Company with bill of lading attached, draft being se:^ to the Bank of Lee County by ®e Third National Bank of St. Louis, to whom the draft had been…
2Cited by3 opinions
- Southland Broadcasting Co. v. TracyMississippi Supreme Court · 1951
- McDowell v. MinorMississippi Supreme Court · 1930
- Jenkins & Boyle v. RogersMississippi Supreme Court · 1939