Johnson v. Devens

Citations

• 60 Miss. 200

Syllabus

<p>Supreme Court. Damages on affirmance of judgment. Restraining process. G-arnishment.</p> <p>Sect. 1422 of the Code of 1880 in relation to judgments in the Supreme Court, on appeal, provides that, “in case the judgment or decree of the court below shall be affirmed, the Supreme Court shall render judgment against the appellant for damages at the rate of five per centum and costs,” in certain, specified cases, one class of which was indicated by the following language: “If the judgment or decree he for the dissolution of an injunction or other restraining process, at law or in chancery, the damages shall be computed on the amonnt due the appellee, which was enjoined.or restrained.” The provision last above quoted has reference to a suit instituted for the purpose of restraining payment of a sum due th^ appellee, and does not apply to the restraint of a writ of garnishment, which is a mere incident to the execution of process.</p>