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· 10/15/1911

Southern Lumber & Manufacturing Co. v. Mallett

Citations

  • 101 Miss. 135
  • 57 So. 548

Syllabus

<p>1. Justice oe the Peace. Answer of garnishee. Time of fixing. Appeal. Code of 1906, sections -2345-2347.</p> <p>Where a party was garnished in a justice of the peace court and failed to answer on the day required by section 2347, Code of 1906, and judgment was rendered against him in said court, he cannot on appeal to the circuit co.urt for the first time make answer in that court to such garnishment over the objection of the garnishor.</p> <p>2. Same.</p> <p>Where in such case the answer of the garnishee is filed without objection and remains, on file for a long time the objection will be considered to have been waived.</p>

Judges: Mayes

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