Deltains & Realty Co. v. Fourth Nat. Bank of Montgomery

Citations

• 127 Miss. 152
• 89 So. 817

Syllabus

<p>IntemI/Eadír. Complainant attaching note held not entitled to he summoned in law action by note holder against maker.</p> <p>Where the maker of a note payable to a nonresident is joined as a co-defendant with the nonresident in an attachment in chancery wherein the complainant seeks to subject the amount due by the maker of the note to the nonresident payee therein to the payment of a debt due' the complainant by the nonresident, and the maker of the note is af-terwards, and while the attachment in chancery is pending, sued in the circuit court on the note by the holder thereof, the complainant in the chancery suit has no such claim to the subject of the action at law as will authorize his being summoned at the instance of the defendant therein under the provisions of section 772, Code of 1906, Hemingway’s Code, section 555, to contest with the plaintiff his right to the relief sought in the chancery suit.</p>