Hattiesburg Trust & Banking Co. v. Hood

Citations

• 97 Miss. 340
• 52 So. 790

Syllabus

<p>1. Garnishment. Answer. Failure to contest. Effect.</p> <p>The answer of a garnishment denying liability is conclusive, in the absence of its contest.</p> <p>2. Same. Same. Sufficiency.</p> <p>An express denial of liability in the answer of a garnishee is not. affected by an admission of the receipt of invoices for collection, nothing more in respect thereto being shown, and in the absence of its contest such an answer does not warrant a judgment against the garnishee.</p> <p>3. Justices or the Peace. Review of judgment. Disposition on reversing. Certiorari. Code 1906, §§ 90, 2353.</p> <p>Where the circuit court reverses the judgment of a justice of the-peace on certiorari at the suit of a garnishee, because erroneously-rendered on his uncontested answer, it should render judgment final for him, under Code 1906, § 90, authorizing the rendition-of such judgment as the justice of the peace should have rendered, and should not permit his answer to he contested in the circuit court, since Code 1896, § 2353, requires the contest of an answer to he filed at the term of court at which the answer is filed.</p>