Brown v. Williams-Brooke Co.

Citations

• 106 Miss. 187
• 63 So. 351

Syllabus

<p>1. Justices or the Peace.. Attachment and garnishment. Proceedings. Judgment. Sheriffs and constables. Service of process. Special constables. Appointment. Pleading. Cured by verdict. Code 1906, section 2732.</p> <p>In a suit begun by attachment and garnishment before a justice of the peace, it is not error for the justice to embody in one judgment the determination of all the issues involved.</p> <p>2. Attachment. Proceedings. Judgment.</p> <p>The fact that an attachment writ recited that defendant unjustly refuses to apply the property which he has and rights of action to the payment of his debts, whereas the affidavit recites that he has property and rights in action which he conceals and unjustly refuses to' apply to the payment of his debts, is immaterial.</p> <p>3. Shekiees and Constables. Service of process. Special constable. Appointment. Code 1906, section 2732.</p> <p>Under Code 1906, section 2732 authorizing justice of the peace to appoint special constables to serve process in cases of emergency, such appointment is not required to be in writing.</p> <p>4. Pleading. Cure by verdict.</p> <p>The failure of a complaint and affidavit in attachment and garnishment to charge that plaintiff' was a corporation cannot be availed of by defendant after verdict is rendered without objection, where the plaintiff’s name fairly imports that it is a corporation.</p>