Clarksdale Compress Co. v. Caldwell Co.

Citations

• 80 Miss. 343

Syllabus

<p>1. Municipalities. Attachments in chancery. Code 1893, l 486.</p> <p>A municipality cannot, over its objection, be proceeded against, under Code 1893, 486, regulating attachments in chancery, so as to bind its indebtedness to a nonresident defendant.</p> <p>3. Same. Swits against. Garnishment.</p> <p>A municipality, unless subjected thereto by statute, is not liable to suit, by garnishment or otherwise, for debts arising from its exercise of governmental functions.</p> <p>3. Same. Onu probandi.</p> <p>A plaintiff or complainant who seeks to subject a municipality to garnishment on the ground that its debt to the defendant was contracted in its private capacity, and not in the exercise of governmental functions, must show the nature of the transaction and the facts which render it amenable to the process.</p> <p>4. Same.</p> <p>Dolman v. Moore, 70 Miss., 371, criticised and limited.</p>