C. C. Kelly Banking Co. v. J. M. Robinson-Norton Co.

Citations

• 71 Miss. 141

Syllabus

<p>1. Attachment. Garnishment. Who may issue. Code 1892, §2134,135,136,2131.</p> <p>Section 136, code 1892, authorizing officers to summon garnishees by writs of garnishment issued and served by themselves, does not destroy or abridge the power conferred by § 2131, code 1892, on circuit clerks or other officers who issue attachments to insert an order for garnishment as part thereof, or their power under $ 134, 135, code 1892, to issue duplicate and alias writs of attachment and garnishment. Section 136 is merely supplementary to these, and is intended to meet cases where officers, holding writs of attachment, without suggestions of garnishment therein, may be requested to summon garnishees.</p> <p>2. Same. Garnishment. Alias writ. Issuance by clerk.</p> <p>If the circuit clerk or other officer who issued the original attachment writ, afterward, on suggestion of plaintiff, issues a simple writ of garnishment for designated persons, instead of an alias writ of attachment ’ and garnishment, as provided by ?? 134, 135, code 1892, the writ is not void, but merely defective, and may be amended. It is error to quash it.</p>