Dean v. Stephenson

Citations

• 61 Miss. 175

Syllabus

<p>1. Attachment. Dismissal. Damages.</p> <p>If a plaintiff obtains judgment sustaining his attachment, and afterward, failing to establish the indebtedness of one of the defendants, dismisses as to him, the judgment is vacated as to this defendant, who is then entitled to have his damages assessed for the wrongful issuance of the writ.</p> <p>2. Same. Condemnation. Claimant’s issue.</p> <p>The order of condemnation which accompanies the judgment for the debt will not be annulled on motion of the defendant as to whom the proceeding is dismissed, but, binding only the interests of parties to the suit, it does not preclude him from interposing a claim to the property.</p> <p>S. Same. Appeal. Judgment.</p> <p>Judgment of dismissal is favorable to the defendant thus discharged, who, failing to ask for damages or make a claim to the property condemned or its proceeds, can neither obtain a new trial nor appeal.</p>