Gordin v. Moore
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes County. Hon. C. H. Campbell, Judge. J. B.. Moore, having a judgment in a justice of the peace’s court against W. H. Gordin, on the 6th of February, 1884, caused a writ of garnishment to be issued thereon against W. I). Brock.
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Appeal from the Chancery Court of Holmes County. Hon. C. H. Campbell, Judge. J. B.. Moore, having a judgment in a justice of the peace’s court against W. H. Gordin, on the 6th of February, 1884, caused a writ of garnishment to be issued thereon against W. I). Brock. The garnishee answered, and the plaintiff replied, controverting the answer, and averring that the garnishee had money in his hands belonging to the defendant, and for which he had given his promissory note, payable to the defendant’s wife, E. L. Gordin. The justice of the peace rendered a judgment in favor of the garnishee, and…
1Opinion of the CourtArnold, J.
The theory propounded by the judgment creditor in controverting the answer of the garnishee was that the garnishee had money in his hands, placed there by and belonging to the judgment debtor, for which he had caused a note to be made to his wife with intent to defraud his creditors. If this theory had been estab*496lished, judgment should have been rendered against the garnishee. Drake an Attachments, §§ 598-601. But the garnishee answered fully that he owed nothing to the judgment debtor. His answer must be taken as true and conclusive unless disproved, and the burden of proof was upon the…
2Cases cited2 opinions
- Pickens v. HarperMississippi Chancery Courts · 1842
- Thomas v. SturgesMississippi Supreme Court · 1856
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