Legal Opinion

Winner & Meyer v. Weems

Mississippi Supreme Court

Decided March 15, 1900PublishedCited by 2 opinions

Erom the circuit court of Lauderdale county. Hon. Green B. Huddleston, Judge. Winner & Meyer, appellants, were plaintiffs in the court below: Weems, as garnishee, was a defendant there. Winner & Meyer, a partnership, sued out an attachment before a justice of the peace of Lauderdale county for $86.71 against 0. 0. McMullen. The affidavit for attachment gave the individual names of the plaintiffs comprising the co-partnership.

Read the full summary

Erom the circuit court of Lauderdale county. Hon. Green B. Huddleston, Judge. Winner & Meyer, appellants, were plaintiffs in the court below: Weems, as garnishee, was a defendant there. Winner & Meyer, a partnership, sued out an attachment before a justice of the peace of Lauderdale county for $86.71 against 0. 0. McMullen. The affidavit for attachment gave the individual names of the plaintiffs comprising the co-partnership. An attachment writ, embodying a garnishment, was issued. The writ was served on defendant, and the garnishment upon “A. G. Weems, agent Southern Insurance Company of New…

1Opinion of the CourtWhitfieud, C. J.

It is the better view that the designation, “Southern Insurance Company of New Orleans, Louisiana,” imports sufficiently a corporation. See authorities in brief for appellants. That Winner & Meyer are partners, their names being set out as such in the affidavit in attachment, also satisfactorily appears from the record. The motion to strike from the files the traverse of the answer of the garnishee should not have been sustained. If a more specific designation had been desired than “Southern Insurance Company,” an amendment could easily have supplied it. Besides, the appellee, Weems, did not…

2Cited by2 opinions

  1. Hilbun v. StateMississippi Supreme Court · 1933
  2. Mills v. Churchwell Motor Co.Mississippi Supreme Court · 1929

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API