Herrin v. Warren & Mobley

Citations

• 61 Miss. 509

Syllabus

<p>]. Garnishment. Payment of fund into court. Answer of garnishee.</p> <p>A railroad company contracts with S to build its roadbed. S. contracts with F. for part of the work. F. employs laborers and makes default, leaving them unpaid. The railroad company, being garnished by the laborers, answers that it did not owe F. anything, that it contracted with S., who contracted with F.; that they owe S. nine hundred dollars which they understand is claimed by W. and have paid the money into court and ask for protection. Held, that the answer and defense of the company was complete and it was fully acquitted by paying the money into court.</p> <p>2. Mechanics’ Lien. Laborers on railroads.</p> <p>When by the act of March 7,1882,115, 116, laborers on railroads were given the same rights as other mechanics, they took them subject to all the obli- ' gations imposed by subsequent sections on other mechanics.</p> <p>3. Same. Section 1379, Code 1880.</p> <p>By \\ 1379 of the Code of 1880 where work has been done by contract, the laborers can never impose upon the owner of the work any higher duty or further payment than he by his contract has imposed on himself.</p> <p>4. Garnishment. Prior in time prior in rigkt.</p> <p>When a written notice of a claim to a fund by laborers has been served subsequent to a writ of garnishment, the.garnishment being first in time is first in right.</p> <p>5. Same. Oamisliee.</p> <p>The garnishee gets just the right that the party garnished lias at the time of the service of the writ.</p>