Sadler v. Trustees of Prairie Lodge
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chancellor. The decree of a domestic court of general jurisdiction cannot be attacked by a garnishee by parol evidence contradicting its recitals of service of process, and the authorities cited by opposing counsel are decrees of foreign courts or courts of limited jurisdiction or decrees void upon their faces.
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Appeal from the Chancery Court of Monroe County. Hon. L. Haughton, Chancellor. The decree of a domestic court of general jurisdiction cannot be attacked by a garnishee by parol evidence contradicting its recitals of service of process, and the authorities cited by opposing counsel are decrees of foreign courts or courts of limited jurisdiction or decrees void upon their faces. Green v. Creighton, 10 S. & M. 159; Coit v. Haven, 30 Conn. 190 ; Dequindre v. Williams, 31 Ind. 444; Freeman on Judgments, §§ 124, 134; Drake on Attachment, §§ 696, 697. The garnishees are stakeholders, and must avail…
1Opinion of the CourtChalmers, J.
Mrs. Sadler, having recovered a decree for five thousand dollars against the Mobile Life Insurance Co. in the Chancery Court of Monroe County, sued out a writ of garnishment against the trustees of Prairie Lodge upon the allegation that the lodge was indebted to the insurance company. The trustees of the lodge answered, acknowledging an indebtedness in the sum of seven thousand dollars, but averring that the decree rendered in Mrs. Sadler’s favor in the Chancery Court of Monroe County was null and void, because there had been no service of process upon the insurance company through its…
2Cases cited4 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Cocks v. SimmonsMississippi Supreme Court · 1879
- Sivley v. SummersMississippi Supreme Court · 1880
- Crawford v. RedusMississippi Supreme Court · 1877
3Cited by2 opinions
- McKinney v. AdamsMississippi Supreme Court · 1909
- Temples v. CainMississippi Supreme Court · 1882