Southern Lumber & Manufacturing Co. v. Mallett
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge.. Garnishment by W. E. Mallett against the Southern Lumber & Manufacturing Company. From a judgment in the justice of the peace court for the garnishor, the garnishee appealed to the circuit court and from an order sustaining an objection to the filing of an answer in that court, the garnishee appeals. The facts are sufficiently stated in the opinion of the court.
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Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge.. Garnishment by W. E. Mallett against the Southern Lumber & Manufacturing Company. From a judgment in the justice of the peace court for the garnishor, the garnishee appealed to the circuit court and from an order sustaining an objection to the filing of an answer in that court, the garnishee appeals. The facts are sufficiently stated in the opinion of the court. We submit that the motion to strike the answer of the appellant (the garnishee) from the files should have been overruled. There is a conflict in the decisions…
1Opinion of the CourtMayes, C. J.
There is only one question in this case that needs discussion; all others, we think, having already been settled by this court in several decisions. The appellant was garnished in a justice of the peace court on a judgment recorded by appellee against W. L. McDaniel. Appellant failed to answer on the day required by section 2347 of the Code of 1906, whereupon the justice of the peace rendered judgment for the amount of appellee’s demand, as required by section 2345 of the Code. Subsequently the lumber company appealed to the circuit court, and for the first time undertook to file an answer to…
2Cases cited2 opinions
- Gulf & Ship Island Railroad v. RamseyMississippi Supreme Court · 1910
- Mitchell v. MeadMississippi Supreme Court · 1908
3Cited by1 opinion
- Jamison v. H. K. Mulford Co.Mississippi Supreme Court · 1914