Semmes v. Patterson, Henry & Co.

Citations

• 65 Miss. 6

Syllabus

<p>1. Garnishment. Suggestion of Indebtedness. No command for summons. Section 2423, Code of 1880, construed.</p> <p>It is tlie duty of a sheriff, under section 2423, Code of 1880, to summon all persons suggested in a writ of attachment as indebted to the defendant therein, notwithstanding the clerk fail to insert such a command to summon, as required by Section 2422, Code of 1880. Such failure of the clerk cannot defeat the rights of the attaching creditor.</p> <p>2. Same. Return. Sufficiency of to authorize judgment by default. Case in judgment. A return on a summons in garnishment recites, “ Executed personally on S., by</p> <p>reading to him the within writ of garnishment, and summoning him to answmr as this writ directs.” Held, that such return is insufficient to warrant a judgment by default against S.</p>