Nethery v. Belden
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. This suit originated before a justice of the peace. The appellant,. Nethery, sued out an attachment against the appellee, Belden, to-recover an alleged indebtedness of eighty dollars. The writ was served by garnishing a debtor of the defendant, who answered admitting an indebtedness greater than the plaintiff’s demand.
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From the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. This suit originated before a justice of the peace. The appellant,. Nethery, sued out an attachment against the appellee, Belden, to-recover an alleged indebtedness of eighty dollars. The writ was served by garnishing a debtor of the defendant, who answered admitting an indebtedness greater than the plaintiff’s demand. In the bill of particulars of his claim filed by the plaintiff, was an item of fifty-one dollars, damages sustained by appellant because-of injuries inflicted upon his horse by the defendant’s agent, to whom…
1Opinion of the Court
Arnold,' C. J.,
delivered the opinion of the court.
With us, attachment is essentially a statutory remedy, and it is maintainable only in those cases in which it is authorized by statute. The code provides that “the remedy by attachment, shall apply to all actions or demands, founded upon any indebtedness, or for the recovery of damages, for the breach of any contract, express or implied, and to actions founded on any penal statute.” Code, § 2414.
In Fellows v. Brown, 38 Miss. 541, it was held, under a statute similar to the one above cited, that attachment was not allowable, to recover damages…
2Cases cited4 opinions
- S. C. V. Peat Fuel Co. v. TuckCalifornia Supreme Court · 1878
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- J. B. Fellows & Co. v. BrownMississippi Supreme Court · 1860
- Trotter v. McCallMississippi Supreme Court · 1853
3Cited by2 opinions
- Hall Commission Co. v. CrookMississippi Supreme Court · 1905
- W. D. Reeves Lumber Co. v. LeavenworthCourt of Appeals for the Fifth Circuit · 1918