Melton Hardware Co. v. Heidelberg
Mississippi Supreme Court
From the Circuit Court of Lauderdale County. Hon. Robert F. Cooiiran, Judge. The Melton Hardware Company and others, appellants, were the respective plaintiffs in three separate suits in the court below; one Pool was the defendant .and Mrs. Heidelberg, appellee, garnishee in each of them. From a judgment in favor of Mrs. Heidelberg on a traverse by the respective plaintiffs of her separate answers as garnishee, the plaintiffs appealed to the supreme court.
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From the Circuit Court of Lauderdale County. Hon. Robert F. Cooiiran, Judge. The Melton Hardware Company and others, appellants, were the respective plaintiffs in three separate suits in the court below; one Pool was the defendant .and Mrs. Heidelberg, appellee, garnishee in each of them. From a judgment in favor of Mrs. Heidelberg on a traverse by the respective plaintiffs of her separate answers as garnishee, the plaintiffs appealed to the supreme court. The appellee, Mrs. Heidelberg, entered into a contract with one Pool, for the construction by him of a dwelling house, the contract price…
1Opinion of the CourtWhitfield, C. J.
The contention most earnestly insisted on by the appellants in this case is that the appellee did not specially plead as an offset the amount which it would have taken to correct the defects in the building and make it conform to the plans and specifications. These appellants obtained judgment against the house builder, Pool, and then had garnishment process served on the appellee under our statute (§ 2337 et seq.). See chapter on “ Garnishment,” Code of 1906. Garnishee answered, strictly in conformity with the statutory direction (§ 2342). The usual traverse was filed, and on the issue thus…
2Cases cited3 opinions
- Howe v. Hyer Bros.Supreme Court of Florida · 1895
- Hubbard v. FisherSupreme Court of Vermont · 1853
- Kling v. TunstallSupreme Court of Alabama · 1895
3Cited by4 opinions
- Miner v. BertasiMississippi Supreme Court · 1988
- Longtin v. WitcherMississippi Supreme Court · 1977
- Singing River Electric Power Ass'n v. State ex rel. Mississippi Department of Environmental QualityMississippi Supreme Court · 1997
- Singing Riv Elctr Power Assn v. Mississippi Department of Environmental QualityMississippi Supreme Court · 1994