Betancourt v. Maduel

Citations

• 69 Miss. 839

Syllabus

<p>1. Attachment. Judgment for defendant on debt. Damages.</p> <p>Where judgment by default on tbe attachment issue is rendered for plaintiff, but the issue made by the plea denying the debt, is found for defendant, thus dissolving the attachment, the defendant is ,not entitled to a writ of inquiry to assess his damages for the wrongful suing out of the attachment.</p> <p>2. Same. Writ of inquiry. Code 1880, 2? 2429, 2432.</p> <p>Such writ of inquiry, being purely statutory, is allowed only where the issue on a plea in abatement to the attachment is found for defendant (Code 1880, 2 2429); or where plaintiff voluntarily dismisses liis attachment. Code 1880, 2 2432.</p>