Jeffries v. Dancey

Citations

• 44 Miss. 693

Syllabus

<p>1. Obiginad attachments — Amas attachments — New geounds of attachment.— D. in 1860, made affidavit that J. was indebted to him in the sum of $188 77, and that she was about to remove her proporty from the state, and obtained an attachment, which was levied upon three slaves, worth $2,000, and which wore afterwards replevied by defendant, and bond given. In 1868, D. made affidavit, setting forth the foregoing attachment, which was still pending, and that the defendant had become a non-resident, and prayed an alias writ of attachment, which was issired’ purporting on its face to be an alias, and was levied on real estato of the defendant. Held: That said second attachment was not an alias, not having issuod upon any of the causes specified in the statute, but was an original proceeding, founded on a different cause — the non-residence of defendant; and having been issued without a new bond, was fatally defective.</p> <p>2. New affidavit — New attachment — Eekoneous judgment. — üpon this second attachment, the clerk ordered publication of notice to defendant, March 6th, 1868. At the October term, thereafter, upon proof of publication, judgment was rendered against defendant, and the real estate levied on ordered to he sold. This proceeding was wholly erroneous, and the judgment reversable. 1st. Because the affidavit did not give the residence of defendant; 2d. There should have been a new bond; 3d. Proof of service of notice of the action should have been made and filed in the cause, and which notice should have been transmitted by mail, addressed to defendant at hor place of residence.</p>