Louis Werner Sawmill Co. v. Sheffield

Mississippi Supreme Court
Louis Werner Sawmill Co. v. Sheffield, 89 Miss. 12 (Miss. 1906)
42 So. 876
Mayes

Louis Werner Sawmill Co. v. Sheffield

Opinion of the Court

Mayes, J.,

The Louis Werner Sawmill Company is conceded to be a nonresident of this state. The jurisdiction of the chancery court to entertain this suit depended upon the fact that the Yazoo & Mississippi Valley Railroad Company had in its hands effects belonging to the Louis Werner Sawmill Company at the time the writ of attachment was served on it. The answers had denied that the railroad company had any effects of the Louis Werner Sawmill Company in its possession at the time the writ of attachment was served on it,- and the burden rested on Sheffield to establish this fact. The proof in the case utterly fails to show that the Yazoo & Mississippi Valley Railroad Company had any of the effects of the Louis Werner Sawmill Company in its hands at the date of the serving of the writ of attachment, and therefore the court was without jurisdiction to entertain this suit, and there should have been no statement of *19accounts ordered. There being no jurisdiction shown, all the proceedings should be dismissed.

For this reason, the judgment is reversed, and the cause dismissed.

Reference

Full Case Name
Louis Werner Sawmill Company v. Richard N. Sheffield
Cited By
6 cases
Status
Published
Syllabus
Attachment in Chancery. Jurisdiction. Code 1892, §§ 486, 487. The chancery court has no jurisdiction of an attachment against a non-resident debtor under Code 1892, §§ 486, 487, providing for attachments in chancery, unless the lands or tenements of the non-resident be levied upon or the resident defendant be indebted to or have effects of the non-resident in his hands or possession.