Mohr v. Tate

Citations

• 117 Miss. 606
• 78 So. 544

Syllabus

<p>1. Judgment. Cancellation. Evidence. Sufficiency.</p> <p>Under the facts set out in its opinion the court held that the-evidence was not sufficient to warrant a cancellation of a judgment against a garnishee on the ground that it was taken while he relied on a statement of plaintiff’s counsel, that it was not necessary for him to answer.</p> <p>2. Same.</p> <p>In such ease the burden of proof was on the garnishee to show by clear and convincing evidence the charges of fraud relied upon by him for setting aside the judgment.</p>