Lee v. McConnell

Citations

• 109 Miss. 839
• 69 So. 706

Syllabus

<p>1. Attachment. Plea in abatement. Necessity. Removal from jurisdiction. Evidence.</p> <p>In a suit upon an open account begun by attachment, where the plea in abatement did not put in issue whether or not the debt sued on was due, that issue was not presented for adjudication.</p> <p>2. Attachment. Removal from jurisdiction. Evidence.</p> <p>Where an attachment is sued out upon the grounds: First, that defendant is a non-resident of this state; second, that he has removed himself out of the state; and third, that he so absconds or conceals himself that he cannot be served with summons, and under the evidence, the jury would have been warranted in believing that defendant- had left the state with only a vague idea of returning thereto at some uncertain time in the future, a peremptory instruction for the defendant should not be given.</p>