Clarksdale Compress Co. v. Caldwell Co.
Mississippi Supreme Court
From the chancery court of,- second district, Coahoma county. Hon. A. MoC. Kimbrough, Chancellor. The Clarksdale Compress Company, appellant, was complainant in the court below; the Caldwell Company and others, including the town of Indianola, appellees, were defendants there. A decree pro confesso was duly rendered against the town, which, on its .application, was set aside and the suit dismissed as to it. Complainant appealed to the supreme court.
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From the chancery court of,- second district, Coahoma county. Hon. A. MoC. Kimbrough, Chancellor. The Clarksdale Compress Company, appellant, was complainant in the court below; the Caldwell Company and others, including the town of Indianola, appellees, were defendants there. A decree pro confesso was duly rendered against the town, which, on its .application, was set aside and the suit dismissed as to it. Complainant appealed to the supreme court. The opinion further states the case. It is true that a municipality or other corporation which exercises sovereignty, is not a person in the…
1Opinion of the CourtTerral, J.
The Clarksdale Compress Company, in the chancery court of the second district of Coahoma county, sued by attachment the Caldwell Company, a non-resident corporation, for a considerable sum of money, and garnished the town of Indianola as being indebted to said Caldwell Company. The town of Indianola, being duly served with process, appeared in said court, and objected to being subjected to said process of garnishment, and protested to the jurisdiction of the court in the premises. The court sustained the objection of the town of Indianola, and discharged it from said process, and from that…
2Cases cited7 opinions
- Hawthorn v. City of St. LouisSupreme Court of Missouri · 1847
- State ex rel. Summerfield v. TylerWashington Supreme Court · 1896
- Addyston Pipe & Steel Co. v. City of ChicagoIllinois Supreme Court · 1897
- Dollman v. MooreMississippi Supreme Court · 1892
- M. A. Hightower & Co. v. SlatonSupreme Court of Georgia · 1875
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3Cited by4 opinions
- Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926
- Howell v. KershMississippi Supreme Court · 1928
- City of Natchez v. CraigMississippi Supreme Court · 1941
- Mid-South Paving Co. v. State Highway CommissionMississippi Supreme Court · 1945