Fearing v. Shafner
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. On the 22d of November, 1883, a writ of attachment was issued at tbe suit of T. L. Shafner against George M. Klein, returnable on the first Monday of February, 1884, to the Circuit Court of Hinds County, upon a demand for five hundred dollars.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. On the 22d of November, 1883, a writ of attachment was issued at tbe suit of T. L. Shafner against George M. Klein, returnable on the first Monday of February, 1884, to the Circuit Court of Hinds County, upon a demand for five hundred dollars. On the next day, this writ, which commanded the sheriff to “summon W. T. Ratliff, Commissioner of the Chancery Court of Hinds County, in the case of L. A. Campbell et al. v. 8. 8. 8haehelford d al. to answer as a garnishee,” was duly served upon Ratliff. On the 6th of February,…
1Opinion of the CourtCooper, C. J.
Under § 2442 of the Code of 1880 a plaintiff in attachment may subject to his debt any indebtedness owing by the garnishee to the defendant at the time of the service of the writ, or after that time and before the day at which by law he is required to exhibit his answer. But if at the time the answer is filed the garnishee is not indebted to the defendant and has none of his property or effects in his hands or possession, the plaintiff cannot by continuing the cause acquire the right to recover against the garnishee for matters arising pendente lite after the answer. The right of the…
2Cases cited3 opinions
- Stevens Point Boom Co. v. ReillyWisconsin Supreme Court · 1878
- Jones v. MoodyMississippi Supreme Court · 1881
- Burleson v. MilanMississippi Supreme Court · 1879
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