Ross v. Holloway

Citations

• 60 Miss. 553

Syllabus

<p>'Chaitcbby. Injunction against judgment. Neglect to make defence. Case in judgment.</p> <p>B. & B. -were garnished in two attachment cases against T., one in favor of 0. & Go., the other in favor of H. In the latter case a judgment was rendered against them for want of an answer, and they filed a bill in chancery to enjoin the .execution thereof. The bill alleges that the complainants went to the court for the purpose of answering in both cases, and did file an answer in the case of C. & Co., and either filed a like answer in the case of H., which has been lost or stolen, or else they- were honestly mistaken as to the fact of having filed an answer; and they believed-it had been filed till after the adjournment of the court; that although H. and his attorney both knew that complainants only owed T. $107, they took judgment against complainants for $855. The bill states that B. has an attachment against T. on a debt of $1,600; and that H.’s claim is fraudulent and prosecuted by collusion with T. to defraud the creditors of the latter. H. and T. answered, severally,' denying the fraud charged, and denying that any answer to the garnishment was filed by B. & B., and claiming that the judgment was fairly and regularly obtained. A motion was made to dissolve the injunction, supported by affidavits tending to establish the denials in the defendant’s answers, and the chancellor made an order granting the motion. The complainants appealed. Held, that the bill is not maintainable.</p>