Smith v. Lacey

Citations

• 86 Miss. 295

Syllabus

<p>1. Attachment Lien. Bankruptcy. Diselia/rge. Effect.</p> <p>A discharge in bankruptcy of the party principally liable does not preclude a creditor, whose attachment had been levied upon the property of the bankrupt, more than four months before bankruptcy proceedings, from entering such a qualified judgment against the bankrupt as will charge his sureties on a forthcoming bond, since the bankrupt act recognizes as valid attachments so levied and preserves the liability of sureties.</p> <p>2. Same. Effect of bond. Code 1892, § 147.</p> <p>Under the express provisions of Code 1892, § 147, the lien of an attachment is not affected by the execution of a bond conditioned to surrender the property to answer and abide the judgment of the court; or to pay and satisfy the judgment to the extent of the value of such property.</p>