Betancourt v. Maduel
Mississippi Supreme Court
From the circuit court of Jackson county. Hon. S. H. Terral, Judge. Appellee, Maduel, sued out an attachment against Betancourt and another, on the ground of non-residence. The writ was levied on certain property of Betancourt.
Read the full summary
From the circuit court of Jackson county. Hon. S. H. Terral, Judge. Appellee, Maduel, sued out an attachment against Betancourt and another, on the ground of non-residence. The writ was levied on certain property of Betancourt. Subsequently, plaintiff filed his declaration seeking to charge defendants as partners, and, without pleading in abatement, denying the ground of attachment, Betancourt filed a-plea to the merits, denying the partnership and denying his liability for the debt sued on, and also pleading the statute of limitations. Judgment by default was accordingly taken, ■sustaining…
1Opinion of the CourtWoods, J.
There was no error in the action of the trial court in overruling the appellant’s motion for a writ of inquiry to assess the damages supposed to have resulted to defendant below by reason of the suing out of the attachment for a debt found not to have been due. The right to assert the summary remedy sought to be availed of by appellant’s motion is limited and controlled by express statutory enactment,*and in only two classes of cases can it be resorted to : (1) Where, on a plea in abatement to the. attachment, it is found that the attachment was wrongfully sued out — that the grounds for…
2Cited by1 opinion
- McLin v. WordenMississippi Supreme Court · 1911