Wood v. Baily

Citations

• 77 Miss. 815

Syllabus

<p>1. Attachments. Void proceeding. Replevy. Motion to quash. Trial on merits. Jurisdiction. Justice of the peace.</p> <p>Although the defendant in a void attachment has replevied the property seized, his appearance alone for the purpose .of moving to quash confers no jurisdiction to render judgment against him on the merits.</p> <p>2. Same. Code 1892, \\ 172.</p> <p>Code 1892, $ 172, providing that after an issue on a plea in abatement in attachment is decided for a defendant, the suit on the merits may proceed as if it had been an ordinary action in its commencement, does not apply if the attachment be so utterly void as not to be amendable, and there was no trial on a plea in abatement, no summons and no appearance of the defendant save to object to the void attachment.</p>