Slattery v. P. L. Renoudet Lumber Co.

Citations

• 120 Miss. 621
• 82 So. 332

Syllabus

<p>Lis PeKdens. Dismissal of one defendant. Effect. Cancellation.-</p> <p>Under section 536, Code 1906 (Hemingway’s Code, section 293), an attachment will lie in chancery against a non-resident debtor who owns land in this state or against such a debtor whethér he owns land in this state or not, where a person in this state who has in his hands effects of or is indebted to, such nonresident debtor, can be joined with him as a codefendant, and the procedure in such case is that of ordinary suits in equity and not that of actions at law.</p> <p>2. Same.</p> <p>Where a bill for attachment in chancery against a nonresident box company alleges that the box company owns land- or an interest therein and also that a resident lumber company one of the defendants has in its possession property belonging to the box company. The dismissal of the bill-as to the lumber company left it still pending as to the box company, so that a lis pendens notice filed with the bill should not be cancelled, but should remain in force until that branch of the case is determined adversely to complainant.</p>