Tabler, Crudup & Co. v. Mitchell

Citations

• 62 Miss. 437

Syllabus

<p>1. Attachment. Publication. Notice correct as to individuáis, but incorrect as to firm.</p> <p>Where, in a suit in attachment against individual partners as composing a specified firm, the proof of publication to them as non-residents shows that a notice directed to the defendants individually was duly published, and that a copy thereof was mailed to each of them at his post-office, such notification is sufficient, though the notice misstate the firm name of the defendants.</p> <p>2. Pleading. Declaration. Joint and several obligation of partners averred. Admission.</p> <p>The averment in a declaration that the defendants are indebted to the plaintiffs as partners is equivalent to averring a joint and several obligation of the defendants, and the failure of the latter to traverse such allegation admits its truth.</p> <p>3. Attachment. Judgment against garnishee. Defendant complaining thereof.</p> <p>Under § 1440 of the Code of 1880, a defendant in a judgment in attachment has no right to complain in this court of errors in a judgment against a garnishee in such suit who does not himself appeal.</p> <p>4. Same. Personal judgment against defendant. Effect thereof.</p> <p>Although a judgment by default against a non-resident defendant in attachment be personal in form, it cannot affect any of his property except that attached and condemned. Section 2467, Code 1880.</p>