Bush v. Nance

Citations

• 61 Miss. 237

Syllabus

<p>1. Conflict of Laws. Situs of debt. Garnishment.</p> <p>A commission merchant’s account for advances to a customer in another State on consignments to be made is, in the absence of express contract to the contrary, payableand subject to garnishment in the State where the merchant resides.</p> <p>2. Appellate Practice. Errors against successful party.</p> <p>An appellee cannot assign for error that demurrers were sustained to his pleas to the appellant’s claim, but in order to present in the appellate court rulings ' adverse to his interest he must take a cross-appeal.</p> <p>3. Attachment. Seizure of plaintiff’s property.</p> <p>When a plaintiff in attachment establishes his ownership by assignment of the property seized, he proves that the court has no jurisdiction to try an issue as to priority of lien between his and another attachment.</p> <p>4. Garnishee. Oiled beyond his own State.</p> <p>No man can be cited as garnishee beyond the jurisdiction of his own State, unless he holds property or owes a debt due and payable in the jurisdiction where garnished.</p>