Weaver Grocery Co. v. Cain Milling Co.
Mississippi Supreme Court
Appeal from the circuit court of Leflore county. Hon F. E. Everett, Judge. Proceedings in attachment by the "Weaver Grocery Company against the Cain Milling Company. From a judgment dismissing the action, plaintiff appeals. The facts are fully stated in the opinion of the court. Counsel say they pleaded to the declaration. This being true, the plaintiff was entitled to judgment on the attachment issue.
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Appeal from the circuit court of Leflore county. Hon F. E. Everett, Judge. Proceedings in attachment by the "Weaver Grocery Company against the Cain Milling Company. From a judgment dismissing the action, plaintiff appeals. The facts are fully stated in the opinion of the court. Counsel say they pleaded to the declaration. This being true, the plaintiff was entitled to judgment on the attachment issue. This the court refused to do, but rendered a judgment, quashing the attachment writ and abating the suit. But we submit that in no event was the action of the court proper. Counsel in their…
1Opinion of the CourtSmith, C. J.
This is a proceeding in attachment, instituted in the-court below by appellants against appellee on the ground that appellee is a foreign corporation. The sheriff in execution of the writ took into his possession certain personal property, hut failed to obtain service upon appellee. The property was claimed by the First National Bank of Atchison, Kan., and upon affidavit thereto being made and bond given the property was delivered to it. Appellee by its attorneys filed a plea to the jurisdiction of the court, alleging that it is a nonresident of the state, had not been served with process,…
2Cases cited2 opinions
- Louis Werner Sawmill Co. v. SheffieldMississippi Supreme Court · 1906
- Thornley v. LawbaughNorth Dakota Supreme Court · 1913