Delta Ins. & Realty Co. v. Interstate Fire Ins.
Mississippi Supreme Court
Appeal from the chancery court of Leflore county. Hon. Joe May, Chancellor. Suit by the Delta Insurance & Realty Company against the Interstate Fire Insurance Company. From a decree for defendant, plaintiff appeals.
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Appeal from the chancery court of Leflore county. Hon. Joe May, Chancellor. Suit by the Delta Insurance & Realty Company against the Interstate Fire Insurance Company. From a decree for defendant, plaintiff appeals. Appellant, a domestic corporation with domicile at Greenwood, Miss., began this suit in the chancery court, in which it seeks to hold certain funds. which came properly into its hands and which belonged to the defendant, an Alabama corporation, for the payment of damages alleged to be due to defendant by the plaintiff for breach of a contract. The appellant represented ap-pellee…
1Opinion of the CourtHolden, J.
The settled law in Mississippi is that, if the defendant is a nonresident, and the thing involved, the res, is within the territorial jurisdiction of the court and is brought under the control of the court by legal process, viz.,* attachment against the lands,‘or attachment and' garnishment against any such debtor and resident per*544sons (defendants) who have in their hands effects of, or are indebted to, such nonresident debtor, then the state court has jurisdiction to render judgment, not against the nonresident in personam, but against the thing, the res, when it its brought under the control…
2Cases cited3 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Advance Lumber Co. v. Laurel National BankMississippi Supreme Court · 1905
3Cited by4 opinions
- Norton v. HallSupreme Court of Arkansas · 1921
- Aldridge v. First Nat. Bk.Mississippi Supreme Court · 1932
- Alabama Power Co. v. JacksonMississippi Supreme Court · 1938
- Delta Ins. & Realty Agency v. Fourth Nat. BankMississippi Supreme Court · 1925