Delmas Bros. v. Morrison
Mississippi Supreme Court
Delmas Bros. v. Morrison, 61 Miss. 314 (Miss. 1883)
Campbell
Delmas Bros. v. Morrison
Opinion of the Court
delivered the opinion of the court.
The debt incurred in conducting the business of a water-craft in some of the navigable waters of this State was a cause for attachment, but it was within the jurisdiction of a justice of the peace, and its existence affords no support to the attachment on the other claims. Wherefore, judgment was properly given for the defendant.
Judgment affirmed.
Reference
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- Delmas Bros. v. Thos. Morrison
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- Syllabus
- 1. Attachment. Claims depending on different grounds. In a proceeding by attachment to collect an indebtedness composed of several distinct and independent items, if the ground of attachment as to only one of the items be sustained, the attachment should be discharged as to the others. 2. Same. Jurisdiction. If the ground of attachment be sustained as to one item only of an account, or claim within the jurisdiction of the circuit court, and that item is within the jurisdiction of a justice of the peace, the attachment must be discharged.