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· 5/15/1870

Moore v. Coats

Citations

  • 43 Miss. 225

Syllabus

<p>1. Garnishment — Servio® of Process of, in Attachment. — On error prosecuted by a garnishee against whom judgment for want of answer had been rendered, the error assigned is the insufficiency of the sheriff’s return, which is as follows: Executed August 3d, 1867, by summoningB. E. M., jr., to answer as garnishee. W. G. C., not found in my county. „ „</p> <p>„ „ J. E., Sheriff,</p> <p>By S. M., Deputy.</p> <p>Held: That this being the statement of only a legal conclusion, and not a statement of facts, is insufficient. The return should contain a statement by the sheriff of his proceedings as matters of fact, that the court may judge of their sufficiency.</p>

Judges: Tarbell

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