Hattiesburg Trust & Banking Co. v. Hood
Mississippi Supreme Court
From the circuit court of Forrest county. Hon. William H. Cook, Judge. . Hood, appellee, was plaintiff in the court below, the Claude L. Nabors Lumber Company was defendant there; the proceeding was by attachment and the Hattiesburg Trust & Banking Company, appellant, was garnished. The suit was begun in the court of a justice of the peace and judgment was there rendered in plaintiff’s favor against the defendant and the garnishee.
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From the circuit court of Forrest county. Hon. William H. Cook, Judge. . Hood, appellee, was plaintiff in the court below, the Claude L. Nabors Lumber Company was defendant there; the proceeding was by attachment and the Hattiesburg Trust & Banking Company, appellant, was garnished. The suit was begun in the court of a justice of the peace and judgment was there rendered in plaintiff’s favor against the defendant and the garnishee. From a judgment of the circuit court dismissing certiorari sued out by the garnishee to review the judgment of the justice of the peace the garnishee appealed to…
1Opinion of the Court
Mates, C. J".,
delivered the opinion 'of the court.
The certiorari should not have been dismissed. The record sent up by the justice shows that there should have been no judgment entered against the garnishee, as there was an answer filed at the time denying indebtedness. There was no contest of this answer, and it was conclusive. This being the case, instead of dismissing the writ, the court should have reversed the judgment of the justice and entered a judgment in the circuit court in accordance with the requirements of Code 1906, § 90, discharging the garnishee from any liability. After the…
2Cases cited3 opinions
- Vicksburg & Meridian Railroad v. AlexanderMississippi Supreme Court · 1885
- Williams v. JonesMississippi Supreme Court · 1868
- Consumers' Ice Co. v. Cook Well Co.Mississippi Supreme Court · 1894
3Cited by1 opinion
- Mechanics & Traders Ins. v. ButlerMississippi Supreme Court · 1917