J. F. Baum & Co. v. Burns
Mississippi Supreme Court
Appeal from the circuit court of Smith county. Hon. A. G. Mayers, Judge. This was an attachment suit brought by appellants, J. F. Baum & Co., against appellees, A. F. Burns, Robert Burns, and A. G. McLaurin, in the circuit court of Lauderdale county. All of the defendants resided in Smith county, where they were found and summoned.
Read the full summary
Appeal from the circuit court of Smith county. Hon. A. G. Mayers, Judge. This was an attachment suit brought by appellants, J. F. Baum & Co., against appellees, A. F. Burns, Robert Burns, and A. G. McLaurin, in the circuit court of Lauderdale county. All of the defendants resided in Smith county, where they were found and summoned. The plaintiffs suggested in their affidavit for attachment that Marks, Rothenburg & Co., residents of Lauder-dale county, were indebted to defendants, and they were served as garnishees. The garnishees answered, denying indebtedness. The case was then, upon the…
1Opinion of the CourtArnold, C. J.
The proper court of a garnishee’s residence, has jurisdiction of ¡an attachment against a householder who resides in another county to whom the garnishee is indebted; Smith v. Mulhern, 57 Miss. 591. But when, as in this case, the jurisdiction depends on the indebtedness • of the garnishee to the defendant in attachment, if the garnishee owes nothing and has no effects of the defendant in his hands, or if he .so answers, and his answer is not successfully controverted, the suit fails and should be dismissed for the want of jurisdiction, unless this result is avoided by other process which may…
2Cases cited2 opinions
- Ellison v. LewisMississippi Supreme Court · 1880
- Smith v. MulhernMississippi Supreme Court · 1880
3Cited by6 opinions
- Clark v. Luvel Dairy Products, Inc.Mississippi Supreme Court · 1998
- Clark v. Louisville & N. R. Co.Mississippi Supreme Court · 1930
- Wessinger v. Mausur & Tibbetts Implement Co.Mississippi Supreme Court · 1897
- Henry Clark v. LuVel Dairy Products IncMississippi Supreme Court · 1996
- McCloud ex rel. Carly v. McCullersMississippi Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.