Lowenstein v. Powell

Citations

• 68 Miss. 73

Syllabus

<p>1. Attachment. Code 1880, § 2435. Laws 1884, p. 76. Appeal. Proceedings in personam.</p> <p>By § 2435, code 1880, plaintiff in attachment, to preserve his lien, must perfect an appeal within five days after the term of court at which a judgment has been rendered discharging the attachment; and by the act of March 11, 1884, when an attachment issue is found for the defendant, the suit itself is abated. Under these statutes when an unsuccessful plaintiff has failed to appeal within the five days, thereby losing his right to proceed in rem, he may nevertheless have an appeal, with the view of prosecuting the suit in personam, if he should secure a reversal.</p> <p>2. Peremptory Instruction. Question for jury.</p> <p>If there is any evidence supporting or tending to support the grounds of an attachment and upon which the j ury might find for the plaintiff, it is error to give a peremptory instruction for defendant.</p>