Drysdale v. Biloxi Canning Co.

Citations

• 67 Miss. 534

Syllabus

<p>1. Jurisdiction. Distinct demands. Separate suits. Justice of the peace.</p> <p>A creditor may not divide a cause of action, though consisting of different items, and bring several suits. Having distinct demands against the same debtor, he may unite them in one suit, but he is not compelled to do so, and may maintain a separate action on each. The holder of two bills of exchange, each less than $150, maturing at different dates, may, at the same time, sue out an attachment before a justice of the peace on each demand, though the aggregate of the two exceeds $150, and a single suit.therefor was maintainable in the circuit court. Mc-Lendon v. Pass, 66 Miss. 110, cited.</p> <p>2. Attachment. Levy on land. Return. Presumption. Code 1880, § 2424.</p> <p>In a bill to vacate a judgment in attachment, where the return on the writ is sufficient as showing a levy on wild or unoccupied land, and insufficient to show a levy on land that is occupied or cultivated, if the character of the land is not made to appear, it will be assumed that the land was unoccupied, and the return will be upheld as showing a valid levy on such land.</p> <p>3. Same. Notice. Failure to file affidavit of defendant’s address. Void judgment. Cancellation.</p> <p>In an attachment case based on the non-residence of defendants, where there is no return showing service of process on him, and no affidavit is filed showing his post-office address or diligent inquiry to ascertain it without success, as required by § 2437, code 1880, although publication is made and notice is mailed to the address of the defendant in another state, a judgment by default will be void, and a conveyance of land thereunder will be cancelled as a cloud at the suit of the defendant.</p>