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· 10/15/1871

Cooper v. Ingraham

Citations

  • 45 Miss. 198

Syllabus

<p>1. Service op process—attachment — summoning garnishee. At the bottom of the writ of attachment against S., on the same paper, but below the seal and official signature of the clerk who issued it, is a memorandum in these words, viz.: “The sheriff (will) of Holmes county will summon C., M. and S. as garnishees in this case” (signed), “ J. S. Hoskins, clerk.” The sheriff’s return of service on “ C.” (as garnishee) is as follows, viz.: “Executed as to ‘ C.’ and S. by leaving a copy of this writ at their places of residence with their wives, they being not found:” Held, not to warrant a judgment by default against C., as garnishee.</p>

Judges: Taebell

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