Pleasants v. Kemp
Pleasants v. Kemp
Opinion of the Court
The plaintiffs, having judgment against the defendant, Kemp, issued garnishment process against T. W. Arthur & Co. and J. H. Oglesby and C. L. Chase as tho assignees of Arthur & Co. Tho answers of tho garnishees show that the firm of Arthur & Co. owed defendant, Kemp, $1112 79 for services as clerk, and in settlement gave
Tho plaintiffs moved for judgment against the garnishees on their answers, and, the rule being made absolute, the garnishees appealed.
It seems clear that there was no effective seizure in this case. To make a valid seizure of a negotiable note under the circumstances of this case, it was essential that the sheriff take actual corporeal possession of it. See 14 L. 449; 6 An. 531, 581; 19 An. 58.
Under this view of the case it is unnecessary to consider any other questions presented.
• It is therefore ordered that the judgment appealed from be reversed, and that there be judgment in favor of tho defendants in the rule (garnishees) with costs. Plaintiffs to pay costs of appeal.
Reference
- Full Case Name
- John H. Pleasants & Sons v. John Kemp, Jr. J. H. Oglesby, C. L. Chase, I. W. Arthur & Co., Garnishees I. W. Homan, Intervenor
- Status
- Published