Illinois Central Railroad v. Badley
Mississippi Supreme Court
Erom the circuit court, of, second district, Yalobusha county. IIon. Samuel C. Cook, Judge. One Eletcher was plaintiff in the court below; he sued out an attachment against one Vernon, a nonresident, and garnished the railroad company, appellant. The garnishee answered admitting an indebtedness of $63 due Vernon, but suggested, under Code 1906, § 2346, that the debtor claimed the sum as exempt, the same being due him as wages due a laborer.
Read the full summary
Erom the circuit court, of, second district, Yalobusha county. IIon. Samuel C. Cook, Judge. One Eletcher was plaintiff in the court below; he sued out an attachment against one Vernon, a nonresident, and garnished the railroad company, appellant. The garnishee answered admitting an indebtedness of $63 due Vernon, but suggested, under Code 1906, § 2346, that the debtor claimed the sum as exempt, the same being due him as wages due a laborer. Badley, the appellee, interposed a claim to the fund as being due to him and not to Vernon. The court below, without issuing process for the defendant,…
1Opinion of the CourtFletcher, J.
One Fletcher sued out an attachment against Homer Yernon, seeking to collect an indebtedness of $25, and by proper averments had the appellant railroad company summoned as garnishee. The railroad company answered, and admitted an indebtedness of $63.17, but suggested that Yernon would probably claim this money as exempt. The company further suggested that appellee, Badley, claimed the money under an assignment. TJpon the filing of this answer, Badley appeared and claimed the fund. No summons was ever issued to Yer-non, nor was he ever notified in any way of the pendency of the proceeding.…
2Cited by3 opinions
- Brondum v. RosenblumMississippi Supreme Court · 1928
- Howell v. Moss Point Furniture Co.Mississippi Supreme Court · 1924
- Orr v. StewartAlabama Court of Appeals · 1915