Wood v. Baily
Mississippi Supreme Court
Fbom tbe circuit court of Grenada county. TToN. William F. SteveNS, Judge. Tbe appellant, Wood, was tbe plaintiff in tbe court below; appellee, Baily, was defendant there. Tbe opinion states tbe case.
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Fbom tbe circuit court of Grenada county. TToN. William F. SteveNS, Judge. Tbe appellant, Wood, was tbe plaintiff in tbe court below; appellee, Baily, was defendant there. Tbe opinion states tbe case. It may be conceded that tbe attachment proceeding was void, because of an insufficient affidavit, yet, under present statutes, an attachment proceeding is not simply an action in rem, but where the court acquired the jurisdiction over tbe person, it became an action 'in personam,, and, though tbe attachment be void or be quashed or upon the issue on plea in abatement be found in favor of the…
1Opinion of the Court · CauiiooNCauiiooN, J.
It is conceded by appellant that his attachment'proceedings were void.
The affidavit is simply as to the debt, and states no grounds *818whatever for the issuance of the writ, and it is made by appellant before his own father, who was a justice of the peace, who also' issued the writ.
The only pretense of a bond is merely the condition of one which does not promise to pay anything to anybody.
The writ recites, what is not shown in the record, that plaintiff had made oath that defendants are “nonresident,” but even it does not say “nonresidents of this state,” and it commanded the seizure of timber…
Also in this document: Opinion of the Court · CalhooN.
2Cases cited3 opinions
- Edwards v. GauldingMississippi Supreme Court · 1859
- Richard v. MooneyMississippi Supreme Court · 1860
- Bates v. CrowMississippi Supreme Court · 1880