Fearing v. Shafner

Citations

• 62 Miss. 791

Syllabus

<p>1. Attachment. Garnishment. Extent of garnisheds liability.</p> <p>Under § 2442 of the Code of 1880, which requires a garnishee in attachment to “ answer what he is indebted or was indebted to the defendant at the time of the summoning of such garnishee, or since that time, or what effects of said defendant he has in his hands or had at the time of such summons, or has had since,” a garnishee is amenable to the plaintiff in attachment for any debt which he may owe the defendant, or for any effects in his hands belonging to the defendant at the time of the service of the garnishment or subsequently and up to, but not after, the day on which he is required by the statute to file his answer.</p> <p>2. Same. Garnishment. Broceeds of sale of land in commissioner's hands.</p> <p>Money deposited with a commissioner as the purchase-money of land sold by him, under an order of the chancery court, is not, until after confirmation • of the sale and an order made for disbursement, subject to garnishment in an attachment suit against the person for whose benefit such sale was made, it being the money of the purchaser until after confirmation of the sale. State, use, etc., v. Coxet al., ante 786.</p> <p>3. Same. Contest for fund in hands of garnishee. One creditor attacking claim of another.</p> <p>In a contest between two attaching creditors for a fund in the hands of a garnishee, where it appears that one has no right to subject the fund to his demand, irrespective of the claims of the other, the former cannot, by attacking the claim of the latter, defeat a recovery by him. Jones v. Moody, 59 Miss. 327, cited.</p>