Meridian Fertilizer Factory v. Bush

Citations

• 77 Miss. 697

Syllabus

<p>1. Attachment. Clerk circuit court. Code 1892, §§ 129, 130. Ib., §142. Laws 1896, p. 104.</p> <p>The clerk of the circuit court of one county is authorized, under code 1892, §§ 129, 130. and 142 as amended (Laws 1896, p. 104), so providing, to take affidavit, approve bond, and issue writ in an attachment returnable to the circuit court of another county.</p> <p>2. Claimants’ Issue. Evidence. Defendant's account books.</p> <p>In the trial of a claimant’s issue, where the extent of indebtedness of the defendant in attachment at the time of the controverted sale by him to the claimant is pertinent, the account books of the defendant are admissible in evidence by the plaintiff to show such indebtedness.</p> <p>3. Peremptory Instruction.</p> <p>Pacts of the case examined and held not to justify a peremptory instruction for the claimants.</p>