Boone v. McIntosh

Citations

• 62 Miss. 744

Syllabus

<p>Attachment. Garnishment. Service of notice. Priority. Appropriate of money. Sections 2423 and 2424, Code of 1880, construed.</p> <p>Section 2423 of the Code of 1880 authorizes an officer having in his hands for service a writ of attachment “ to seize the books of account and other evidences of indebtedness belonging to the defendant, and to summon as garnishees all persons thereby appearing to be indebted to the defendant,” and 'provides that “ all debts and choses in action attached shall be bound by such attachment from the date of the service thereof.” Section 2424 provides that “in case of any levy on the rights, credits, and choses in action of the defendant, the officer shall seize and take into his possession the books of account and all other evidences of indebtedness, if. the same can be had, and shall summon all persons alleged to be indebted to the defendant, or to have effects of said defendant in their hands.” Held, that, under these provisions, (1) the seizure of boobs of account and choses in action creates no lien in favor of the attaching creditor, but the lien is acquired only by service of notice upon the garnishee; (2) the officer (though authorized to do so) is not required to summon as garnishees all persons who by the books seized appear to be indebted to the defendant, but only such as may be “alleged” to be so indebted; and (3) where the same chose in action has been seized under two writs of different creditors and the debtor summoned, as garnishee, under both, the creditor who first suggested the indebtedness and first obtained service on the garnishee is entitled to the money collected from him, if both have judgments.</p>