People's Bank of Biloxi v. Smith Bros. & Co.
Mississippi Supreme Court
PROM the circuit court of Harrison county. Hon. T. A. Wood, Judge. Smith Bros. & Co. sued J. A. Bulandi for §91.84. Defendant had §1,042 deposited in the People’s Bank of Biloxi, but, after commencement of suit, he gave his wife, Marie Bu-landi, a check on the bank for §1,000, which she deposited at the bank to her credit.
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PROM the circuit court of Harrison county. Hon. T. A. Wood, Judge. Smith Bros. & Co. sued J. A. Bulandi for §91.84. Defendant had §1,042 deposited in the People’s Bank of Biloxi, but, after commencement of suit, he gave his wife, Marie Bu-landi, a check on the bank for §1,000, which she deposited at the bank to her credit. Plaintiffs, after getting judgment, had a writ of garnishment issued and served on the bank, and, at the same time, also served the bank with notice, in writing, that the money then on deposit in the bank to Mrs. Bulandi’s credit was the property of defendant, J. A.…
1Opinion of the CourtWhitfield, J.
It is true, as held in Porter & Macrae v. West, 64 Miss., 548, that the plaintiff in attachment has no right to suggest for the garnishee that a third party claims the fund in the hands of the garnishee, that suggestion being permitted to be made by the garnishee, to protect him against a possible double payment of the debt garnisheed. But the case holds nothing further than that, in order to make such third person a party litigant to the issue, as between the plaintiff and himself, the garnishee in such case not himself making any contest, but paying the money into court and being…
2Cases cited12 opinions
- Fearey v. CummingsMichigan Supreme Court · 1879
- Toomer v. RandolphSupreme Court of Alabama · 1877
- Harris v. Phœnix InsuranceSupreme Court of Connecticut · 1868
- Johnson v. BrantSupreme Court of Kansas · 1888
- Van Winkle v. M'KeeSupreme Court of Missouri · 1842
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3Cited by1 opinion
- Pascagoula Nat. Bank v. EberleinMississippi Supreme Court · 1931