Payne v. Stovall

Mississippi Supreme Court April 15, 1890

Payne v. Stovall, 67 Miss. 514 (Miss. 1890)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

The objections to the attachment proceedings were frivolous, and should not have been sustained.

We adhere to Dudley v. Harvey, 59 Miss. 34, but this case does not present a single feature of that.

Reversed and remanded.

Full Case Name: W. W. Payne v. Henry Stovall
Status: Published
Syllabus: X. Attachment for Rent and Supplies. Validity. Mere irregularities. Objections to an attachment for rent and supplies that the affidavit by the .landlord which recites the term of the lease, fails to state the date of maturity of the debt, and that the bond was not dated or indorsed approved, the writ reciting that bond and security were given, are frivolous. 2. Same. So also are objections that the original writ, not being dated or formally attested, both it and the branch writ were void, and that the bond through mistake recited that the leased premises were in the second judicial district of the county, instead of the first, where the attachment was sued out. Dudley v. Harvey, 59 Miss. 34, distinguished.