Scharff, Bernheimer & Co. v. Fonda

Citations

• 71 Miss. 627

Syllabus

<p>Bes Judicata. Attachment. Validity of levy. Motion.</p> <p>A judgment overruling the motion of junior attaching creditors to quash the levy of a prior attachment as being void, is res judicata on a subsequent motion by such creditors, based on the same grounds, to compel the sheriff to pay over to them the proceeds of the attached property. In such case the sheriff is a mere nominal party, the real controversy being between the attaching creditors.</p>