McLin v. Worden
Mississippi Supreme Court
Appeal from the circuit court of Panola county. Hon.- W. A. Roane, Judge. Suit by R. J. McLin & Company against J. T. Worden. Prom a judgment for- defendant, plaintiff appeals. The facts are as follows: This suit was based upon a foreign judgment obtained by appellants against appellee in Wolfe county, Ky. The suit was begun by attachment in the justice court upon a certified copy of said judgment.
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Appeal from the circuit court of Panola county. Hon.- W. A. Roane, Judge. Suit by R. J. McLin & Company against J. T. Worden. Prom a judgment for- defendant, plaintiff appeals. The facts are as follows: This suit was based upon a foreign judgment obtained by appellants against appellee in Wolfe county, Ky. The suit was begun by attachment in the justice court upon a certified copy of said judgment. Alias writs of attachment and garnishment were issued and process served upon the defendant. On the return day defendant filed a plea in abatement. The Bank of Sardis, summoned as garnishee,…
1Opinion of the CourtMayes, C. J.
If it be true that a judgment was recovered in the circuit court of Wolfe county, Kentucky, against appellee, it could not be proved or admitted in the courts of this state as evidence of the fact, until there had been a compliance with section 905 of the Revised Statutes of the United States (U. S. Comp. St. 1901, p. 677). This section of the United States Revised Statutes is found in the appendix to the Code of 1906, at page 1385. ffihe judgment claimed to have been recovered in Kentucky, and offered in evidence to prove the debt, did not comply with the United States statute above cited.…
2Cases cited2 opinions
- Cassius M. Carrier & Son v. PoulasMississippi Supreme Court · 1905
- Betancourt v. MaduelMississippi Supreme Court · 1892
3Cited by3 opinions
- Wallace v. HerringMississippi Supreme Court · 1949
- Boyce v. Early-Stratton Co.Court of Appeals of Tennessee · 1930
- Bank of Philadelphia v. PoseyMississippi Supreme Court · 1922