Cassius M. Carrier & Son v. Poulas

Citations

• 87 Miss. 595

Syllabus

<p>1. Attachment. Damages. Recovery on bond. Oode 1892, § 166.</p> <p>In an attachment suit the defendant is entitled to have his damages assessed for the wrongful suing out of a writ under Oode 1892, § 166, authorizing the recovery of damages in such suits, if the question of indebtedness be decided in his favor, although the grounds upon which the attachment were sued out were not contested by him, and is not compelled to bring a new and independent suit on the bond.</p> <p>2. Same. Appeal. Objections not made below.</p> <p>Where in such case a defendant was awarded his damages, the plaintiff cannot complain on appeal for the first time that the attachment bond was not offered in evidence.</p> <p>3. Same. Objections to form of judgment. Oode 1892, § 940.</p> <p>Technical defects in the form of a judgment, susceptible of amendment under Code 1892, § 940, authorizing amendments of judgments in certain cases, cannot be complained of, for the first time, after decision in the supreme court, on suggestion of error.</p> <p>4. Corporation. Judgment against. Uame.</p> <p>A judgment against a corporation by its corporate name is good, although it does not recite that the name is that of a corporation, especially where the record shows the fact.</p>