McLin v. Worden

Citations

• 99 Miss. 547
• 55 So. 358

Syllabus

<p>1. Foreign Judgment. Certification. Evidence. Attachment. Code 1906, section 171. Construction of statute.</p> <p>A judgment recovered in another state cannot be proved or admitted in'the courts of this state as evidence of the fact, until there has been a compliance with section 905 of the Revised Statutes of the United States.</p> <p>2. Section 171, Code 1906. Attachment.</p> <p>Under section 171, Code 1906, a defendant is entitled to have his damages assessed for the wrongful suing out of a writ of attachment, if the question of indebtedness be decided in his favor, although the grounds upon which the attachment was sued out were not contested by him and is not compelled to bring a new and independent suit on the bond.</p> <p>3. Supreme Court. Construction of statutes.</p> <p>Where a statute has been reenacted after being construed by the supreme court, such construction will be adhered to by that court.</p>