Cases Argued and Decided in the Supreme Court of Mississippi Volume 19

Cases Argued and Decided in the Supreme Court of Mississippi Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1849 edition. Excerpt: ...e contra.-They change the case. The title to the land could only be adjudicated in Texas; and there, if partial failure of consideration could not be heard vizi ordinale, it could in equity. It comes, then, to the question, Did the garnishee owe the judgment debtor'! The answer is no admission of even a prospective indebtedness; and, moreover, the just privilege of litigating the title in a distant state, possessed solely of the jurisdiction, is claimed. The answer was not subjected to an issue of fact; and the judgment upon it, discharging the garnishee, was not only proper but unavoidable. Mr. Justice CLAYran delivered the opinion of the court. Our statute requires the garnishee, when summoned for the purpose, to state what he is indebted to the defendant in the judgment, and authorizes a judgment against him for the amount admitted to be due. If, however, the indebtedness be denied by the answer, and there be no finding of a jury against it, then no judgment can be entered against the garnishee. H. & H. 657. In this case the answer was not contested, nor does it admit any indebtedness. It discloses the purchase of a lot of ground in the state of Texas, by the garnishee, and the execution of his note for a part of the stipulated price, but says there is some doubt about the title of the lot, and that the note may have been assigned, though no notice to that effect has been received. The plaintiff in the execution insists upon a judgment in his favor upon the answer, because it discloses no defence to the note as between the garnishee and the original payee. This is asking too much. The transaction took place in Texas; the note, for any thing that appears, was payable there, and the contract to be governed by the laws of more

Product details

  • Paperback
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236765737
  • 9781236765734