Barney v. Moore-Haggerty Lumber Co.

Citations

• 95 Miss. 118
• 48 So. 232

Syllabus

<p>1. Attachments. Partners. Non-residence. Code 1906, § 131.</p> <p>An attachment against partners by partnership creditors on the ground of non-residence cannot be maintained, where one of the partners resides in this state; that ground of attachment, the first one, being expressly excepted by Code 1906, § 131, regulating such cases.</p> <p>2. Same. Supreme court practice. Error on trial of attachment issue. Effect on debt issue.</p> <p>Prejudicial error against defendant in the trial of an attachment issue requires the reversal of the judgment sustaining the attachment and condemning the property seized; but does not warrant the reversal of a judgment against a defendant on the debt issue, where he entered his appearance thereto and litigated the question of his indebtedness to the plaintiffs.</p>