Bernheim Bros. & Uri v. Brogan

Citations

• 66 Miss. 184

Syllabus

<p>1. Presumption in Favor op Judgment.</p> <p>In the absence of a bill of exceptions the supreme court will assume that the judgment rendered in a case was proper, provided, any state of facts could exist under the record in which the judgment rendered would be proper.</p> <p>2. Garnishment. Traverse of answer. Attorney’s fee to garnishee.</p> <p>The statute (code 1880, $ 2448) which permits the court, in exceptional eases rendering it proper, to allow to the garnishee reasonable compensation in addition to per diem and mileage, does not permit the allowance to him of an attorney’s fee for defending an issue made by a traverse of his answer, even though the traverse was without probable cause or was made willfully and unjustly to harass the garnishee.</p> <p>8. Same. When attorney’s fee not allowed.</p> <p>After the answer of a garnishee is filed, and an issue is made thereon, he thereafter stands as any other litigant in the court defending his own claim against his adversary, and for such litigation he cannot recover attorney’s fees.</p> <p>4. Same. What attorneys’fees allowable.</p> <p>The court under said statute may allow the garnishee the fees of his counsel for preparing his answer; for preparing petition of interpleader where necessary; for securing a proper judgment discharging him; and for advice as to the validity of the judgment against the defendant, but in no case for what may be done after the answer is filed and controverted.</p>