Warriner v. Fant

Citations

• 114 Miss. 174
• 74 So. 822

Syllabus

<p>1. Election of Remedies. Finality of choice.</p> <p>The general rule as to the election of remedies is that, where a party has a right to choose one of two or more appropriate but inconsistent remedies, and with knowledge of the fact, makes deliberate choice, then he is estopped from resecting to the other remedy.</p> <p>2. Election of Remedies. Bight to elect.</p> <p>Where a creditor had the election of proceeding by attachment and garnishment and the coexistent right to join in a creditor’s bill and the appointment of a receiver and elected to pursue the latter course, he must stand by his choice of remedies and cannot later institute individual attachment proceedings against his debtor.</p>