Faison v. Wolf

Citations

• 63 Miss. 24

Syllabus

<p>1. Garnishment. Service of writ. Form of return. Sections 2442 and 2543, Code 1880.</p> <p>Section 2442 of tbe Code of 1880 provides that “The manner of summoning a garnishee [in attachment] shall be, to read to him the writ of attachment, if he requires it, and to inform him that he must appear at the court to which the writ is returnable, thereto answer, on oath in writing, what he is indebted, etc.;” and a return of the officer executing it, on the attachment, that he has summoned certain persons, naming them, as garnishees, shall be a sufficient return of tlie summoning of said garnishees. And $ 2443 declares that, “It shall not be necessary to furnish a garnishee with a copy of the writ of attachment, but he may demand and receive from the officer summoning him a notice in writing of the answer he is required to make as above set forth; and it shall be the duty of the officer, upon such demand, to deliver to the garnishee such written summons.” Under these provisions, a return of service of an attachment on a garnishee in these words, “ executed by serving a copy of the within writ on said G. W. F.,” does not show good service, even if it be taken to imply that a copy of the writ was delivered to the garnishee personally.</p> <p>2. Same. Specfic return. Effect of “ Executed.” Sections 1528, 2442, 2443, Code 1880.</p> <p>While such return fails to show service in the manner prescribed by the statute above quoted, it states too much to permit of the presumption to which the general return of “ Executed ” would have given rise under $ 1528 of the code, construed in connection with the sections above referred to.</p>