Dogan v. Cole

Citations

• 63 Miss. 153

Syllabus

<p>1. Attachment. Remedy by, not acquired by contract.</p> <p>The right to resort to the remedy by attachment cannot be acquired, nor a new cause for such remedy be added to the statute by a contract between a creditor and his debtor.</p> <p>2. Same. Ground for. Case in judgment.</p> <p>D. contemplated making an assignment for the benefit of his creditors, and communicated his intention to 0., one of them. D., after consulting with his attorney, abandoned his intention in the presence of 0., and consented that an attachment might issue against his estate in favor of C. Thereupon an attachment was issued upon an affidavit by 0. that D. “has assigned or disposed of, or is about to assign or dispose of his property or rights in action, or some part thereof, with intent to defraud his creditors.” Meld, that the attachment was improperly sued out.</p>