Sanderson v. Buckley

Mississippi Supreme Court
Sanderson v. Buckley, 111 Miss. 748 (Miss. 1916)
72 So. 148
Cook

Sanderson v. Buckley

Opinion of the Court

Cook, P. J.,

delivered the opinion of the court.

We think this case falls under the principle announced by this court in Smith v. Lacey, 86 Miss. 295, 38 So. 311, 109, Am. St. Rep. 707, and therefore must be reversed. The plaintiff in attachment was entitled to judgment against the claimant and the sureties on his bond, in spite of the intervening bankruptcy of the defendant in attachment. This is a contest between the claimant and the creditor, and does not affect the estate of the bankrupt.

Reversed and remanded.

Reference

Cited By
1 case
Status
Published
Syllabus
Bankruptcy. Dissolution of attachment. Release of surety. Where a claimant of attached property took possession, and gave bond, the plaintiff in attachment was entitled to judgment against the claimant and the sureties on his bond, in spite of the intervening bankruptcy of the defendant in attachment.