First National Bank v. Cochran & Bozeman

Citations

• 71 Miss. 175

Syllabus

<p>1. xItiaciimen-t. Intervention. Practice. Code 1892, $ 174.</p> <p>A creditor intervening, under § 174, code 1892, in an attachment against a firm, and alleging in his petition merely that plaintiff’s debt is fictitious or simulated, not being due by the firm, but, if at all, by one partner, cannot object to-the insufficiency of the declaration or the absence of an itemized account. The truth of the allegations of the petition is the only issue to be tried.</p> <p>2. Same. Intervention. Collusion. Evidence. Amendment.</p> <p>It is not error on the trial of an intervention in attachment to refuse leave to the intervenor to amend his petition so as to charge that the attach-. ment was sued out by collusion with defendants, the application being-based solely on proof that plaintiffs had paid the defendants to withdraw their plea traversing the grounds of attachment, as this proof does not tend to show such collusion.</p>