Morin v. Bailey

Citations

• 55 Miss. 570

Syllabus

<p>Replevin. Against a garnishee. Sis remedy.</p> <p>An action of replevin will lie against a garnishee by a person claiming to be the-owner of the property on account of which the garnishment was served, forth e recovery thereof, where no judgment has been rendered against the garnishee affecting such property. And the garnishee’s remedy in such a case is-under sections 1451 and 1452 of the Code of 1871, by which he may have the-plaintiff in replevin cited to appear in the garnishment suit, to contest with the plaintiff in the judgment the right to the property, “and the garnishee-shall be protected from all further liability to either party, in respect to such property;” or, under section 656 of the Code, by which he may have the-plaintiff in the judgment summoned to appear and become a party to the-action of replevin instead of himself, “and the garnishee shall be discharged from all liability to either of the other parties, in respect to the subject of the-action.”</p>