Holman v. Fisher
Mississippi Supreme Court
Error to the circuit court of Carroll county. Hon. OrlaNdo Davis, judge. The opinion of the court contains a sufficient statement of the case. Contended that an executor or an administrator might be garnisheed for a debt due by his decedent.
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Error to the circuit court of Carroll county. Hon. OrlaNdo Davis, judge. The opinion of the court contains a sufficient statement of the case. Contended that an executor or an administrator might be garnisheed for a debt due by his decedent. Code of 1871, §§ 1485,1486 ; 41 Miss., 62; 3 S. & M., 461, 454; 40 Miss., 67. A writ of garnishment is in the nature of a final process, as to the plaintiff, and original as to the garnishee. 13 S. & M., 596; 38 Miss., 99. Arid the garnishee is regarded by the law somewhat in the light of the trustee, and as such is bound to protect the rights of all…
1Opinion of the CourtSiMRALL, J.
Fisher, the executor of Evans, was discharged upon his answer, on the ground either that the estate of Evans, deceased, had been declared insolvent, or that Rush, the creditor of that estate, and defendant in attachment suit of J. W. Holman, was dead, and it so appeared of record, before the judgment was rendered against him.
Fisher in his answer admitted the indebtedness of the estate of Evans to Rush, and that the dividend to which he would be entitled would amount at least to $1,200.00.
The statute has settled what was before doubtful, by permitting an executor or administrator be be…
2Cases cited2 opinions
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