Paine v. Holliday

Citations

• 68 Miss. 298

Syllabus

<p>1. Attachment. Act of 1884. Intervention of creditor; when, allowed.</p> <p>The right conferred, by the act of March 11, 1884 (Laws 1884, p. 76), upon a creditor to intervene and defend in lieu of the defendant in an attachment suit by another creditor against their common debtor, cannot be availed of after rendition of judgment in the attachment suit.</p> <p>2. Same. Receiver; may intervene in behalf of creditors.</p> <p>Although, by the language of said act of 1884, the right to intervene is conferred only on creditors, a receiver, who, by the circumstances of his appointment, is made the representative of creditors interested in a fund in his hands, may exercise for such creditors the right to intervene and defend an attachment suit against the common debtor which seeks to subject the fund.</p>