Legal Opinion

McCloud ex rel. Carly v. McCullers

Mississippi Supreme Court

Decided March 15, 1904Published

From the circuit court of, first district, Ooaboma county. Hon. Samuel 0. Cook, Judge. McCloud, appellant, suing for tbe use of Carly, was plaintiff, and McCullers, appellee, was defendant, in tbe court below. From a judgment in defendant’s favor, tbe plaintiff appealed to tbe supreme court. Tbe opinion states tbe facts.

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From the circuit court of, first district, Ooaboma county. Hon. Samuel 0. Cook, Judge. McCloud, appellant, suing for tbe use of Carly, was plaintiff, and McCullers, appellee, was defendant, in tbe court below. From a judgment in defendant’s favor, tbe plaintiff appealed to tbe supreme court. Tbe opinion states tbe facts. In tbe present case two of tbe garnishees resided in tbe first district of Ooaboma county, and it does not lie in the mouth of the defendant below', appellee here, to contend that his legal rights were violated because these garnishees w'ere garnisheed in tbe second district,…

1Opinion of the Court

Calhoon. J.,

delivered the opinion of the majority of the court.

An affidavit for an attachment for- debt, on the ground that McCullers had removed or was about to remove his property out of the- state, and that he had converted or was about to convert his property into money or evidences of debt, with intent to place- it beyond the reach of bis creditors, was made before a justice of the peace, who had his office in Clarksdale, in the second judicial district of Coahoma county. This was accompanied by a suggestion of the names of garnishees. The writ, pursuant to this affidavit, was duly…

2Cases cited2 opinions

  1. Christian v. O'NealMississippi Supreme Court · 1872
  2. J. F. Baum & Co. v. BurnsMississippi Supreme Court · 1888

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