J. F. Baum & Co. v. Burns

Citations

• 66 Miss. 124

Syllabus

<p>1. Attachment.- Venue.</p> <p>The proper court in the county of a garnishee’s residence has jurisdiction of an attachment suit against a defendant to whom he is indebted, although the defendant is a householder resident in another county in this state.</p> <p>■2. Jurisdiction, when Dependent on Indebtedness oe Garnishee.</p> <p>When the jurisdiction in attachment depends alone upon the indebtedness of the garnishee, and either the answer of the garnishee or the proof, if his answer is controverted, shows that the garnishee is not indebted to defendant, the attachment must be dismissed for want of jurisdiction; unless by alias writ of garnishment or attachment jurisdiction is obtained.</p> <p>3. Chance oe Venue. Jurisdiction by garnishment.</p> <p>The statute (code 1880, § 1498), which provides that where a citizen, resident in this state, shall be sued in any action not local out of the county of his household and residence, the venue shall be changed on his application to the county of his household and residence, does not apply in favor of a defendant in an attachment suit brought in another county, where jurisdiction has been secured by levy upon the effects or debts of the defendant.</p> <p>-4. Transfer oe Suit to County oe Debtor’s Residence. Not applicable to attachment suits.</p> <p>The said statute applies only tó civil actions begun by ordinary summons, and not to attachment suits, the jurisdiction in which is not dependent upon the residence of defendant. The venue in attachment suits can only be changed for causes enumerated in $ 1502 of the code, which prevent a fair and impartial trial in the county where such suits are pending.</p> <p>•5. Unauthorized Removal. Judgment void. Case in judgment.</p> <p>If upon defendant’s application an attachment suit be removed to the county of his residence, and a judgment is there rendered in his favor for damages against the plaintiff and his bond, the judgment will be void for want of jurisdiction.</p>