Mack, Stadler & Co. v. Jacobs
Mississippi Supreme Court
From the circuit court of Jackson county. Hon. S. H. Terral, Judge. This is an action of attachment begun in December, 1891^ by Mack, Stadler & Co. against Morris Jacobs.
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From the circuit court of Jackson county. Hon. S. H. Terral, Judge. This is an action of attachment begun in December, 1891^ by Mack, Stadler & Co. against Morris Jacobs. It is subject to the provisions of “ An act relating to attachment cases,” approved March 11, 1884 (Laws, p. 76), the first section of which is as follows : “Section 1. Be it enacted by the Legislature of the State of Mississippi, That if, upon the trial of a plea in abatement to any attachment, the jury shall -find .for the defendant, and shall certify in their verdict that they believe the attachment was sued out…
1Opinion of the CourtWoods, J.
The affidavit of appellants for the attachment alleges and charges “that Morris Jacobs is justly indebted to the said firm of Mack, Stadler & Co., in the sum of five hundred and thirty-five dollars, and that said defendants a non-resident of this state, or that he has converted, or is about to convert, his property into money or evidences of debt, with intent to place it beyond the reach of his creditors.” The plea in abatement of appellee avers “ that at the time' of suing out of said attachment, the said plaintiff’s debt on the cause of action on which they sue was not due;, and that he had…
2Cited by2 opinions
- Hunt v. GardnerMississippi Supreme Court · 1927
- McCormick v. HawksMississippi Supreme Court · 1922