Alexander v. Lloyd

Citations

• 70 Miss. 662

Syllabus

<p>1. Garnishment. Service. Judgment by default. Code 1892, 2134, 3417.</p> <p>Section 2134, code 1892, requires writs of garnishment to be served as a summons. Under ? 3417, where the service is within five days before the return-day, the garnishee is not required to answer until the next term. In such case, judgment by default cannot be taken against him before the next term, and the fact that five days have elapsed after service, and before entry of the judgment, does not change this.</p> <p>2. Same. Personal service. Scire facias. Code 1892, § 2134.</p> <p>The last clause of \\ 2134, which provides that if a garnishee be not personally served, and make default, judgment nisi shall be rendered against him, and a scire facias awarded, returnable to the next term, unless the court be satisfied that he can be personally served at once, “in which case it may be returnable instanter,” applies only to the service of the scire facias, and does not obviate the necessity of serving the original writ five days before the return-term.</p>