Dean v. Stephenson
Mississippi Supreme Court
Appeal from the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The appellee moved the court to dismiss the appeal upon the ground that there was no judgment against the appellants from which an appeal to this court could be taken. . No judgment, affecting the appellants’ rights injuriously, exists in the court below. The order of condemnation does not bind them, because they are no parties to the attachment proceeding.
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Appeal from the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The appellee moved the court to dismiss the appeal upon the ground that there was no judgment against the appellants from which an appeal to this court could be taken. . No judgment, affecting the appellants’ rights injuriously, exists in the court below. The order of condemnation does not bind them, because they are no parties to the attachment proceeding. Damages for the wrongful suing out of the attachment are not recoverable because the verdict is to the effect that its issuance was rightful. Reversal’of this…
1Opinion of the CourtCooper, J.
The appellee sued out an attachment against one McLaughlin and against the appellants. McLaughlin interposed no defense and a judgment by default was taken against him on the attachment. The appellants traversed the attachment, and on this plea a trial was had which resulted in a verdict and judgment in favor of the plaintiff. With their plea in abatement these defendants did not file any account of the damages which they claimed for the wrongful issuance of the writ. Having sustained the attachment issue, the plaintiff found himself unable to establish any debt against the appellants and…
2Cited by2 opinions
- McKinstry v. BrasAppellate Court of Illinois · 1913
- Cox v. SalmonMississippi Supreme Court · 1934