Davis v. L. N. Dantzler Lumber Co.

Citations

• 126 Miss. 812
• 89 So. 148

Syllabus

<p>1. Railroads. Garnishment authorized hy .Federal Control Act, hut in accordance with Transportation Act.</p> <p>The provision in the Federal Control Act of March 21, 1918 (U. S. Comp. St. 1918, U. S. Comp. St. Ann. Supp. 1919, section 3115%j), providing that “carriers while under federal control shall be subject to all laws and liabilities as common carriers, whether arising under state or federal laws or at common law. . . . Actions at law or suits in equity may be brought by and against such carriers and judgments rendered as now provided by law” — authorizes a suit against a carrier under government control for a cause of action arising before such control, and in such suit another carrier being operated under government control may be garnished, and a judgment be rendered against it for a debt it owes the principal defendant; but no execution can be rendered on such judgment against the director general of the government, but the judgment plaintiff must proceed in accordance with the Transportation Act of 1920 for collection of such judgment. In such suit the different transportation systems being operated by the government' are treated as separate parties for the purposes of suit and accounting.</p> <p>2. Garnishment. Garnishee in attachment may not plead any defense personal to principal defendant.</p> <p>In a suit by attachment against a nonresident defendant, who has only been served by publication, and who has entered no • personal appearance, a garnishee in such suit may not plead' for the principal defendant any defense which is personal to the defendant; and this is true, even though the garnishee is a carrier being operated by the United States government under the Transportation Act of March 21, Í918 (40 Statutes at Large, 451, Federal Stat. Ann. Supp. 1918, pp. 757, 762 [U. S. Comp. St. 1918, U. S. Comp. St. Ann. Supp. 1919, section 3115%j]).</p> <p>3. Appeal astd Ereos. Supreme court may enter judgment which, it is apparent of record should he ent