Cases Argued and Decided in the Supreme Court of Mississippi Volume 63 (Paperback)


Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Brief for appellant. the particulars of the service of process in his "return" he must show that it was executed in the manner required by law, and when his "return" does not show that the process was so executed, a judgment by default thereon should be reversed. This was the rule before the Code of 1880, and is still the rule, unless the officer makes the general return of "Executed," as the code permits. According to 2442 of the code, "the manner of summoning a garnishee shall be to read to him the writ of attachment, if he requires it, and to inform him that he must appear at the court to which the writ of attachment is returnable, there to answer in writing under oath what he is indebted or was indebted to the defendant in the attachment," etc. At all events, the officer must inform the garnishee what he must do, and the above quoted section of the code designates what that information shall be. Additional to "informing" the garnishee as to the particulars specified in the statute, the officer shall read to him the writ of attachment, if he requires it. "Reading the writ" is dependent upon the requirement of the garnishee; but "informing him" of the things which he is required to do is an absolute requirement of the law. The law requires the officer to inform the garnishee what to answer, as set forth in the statute. To tell him to answer in writing under oath as garnishee is not sufficient; for the statute says the manner of summoning a garnishee shall be to "inform" him of certain things which are enumerated therein, and the writ served on appellant does not impart the information required in the statute. The statute says the officer must inform the garnishee, among other things, to answer " what he is indebted to defendant," etc. The writ served on appellant recites in...

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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Brief for appellant. the particulars of the service of process in his "return" he must show that it was executed in the manner required by law, and when his "return" does not show that the process was so executed, a judgment by default thereon should be reversed. This was the rule before the Code of 1880, and is still the rule, unless the officer makes the general return of "Executed," as the code permits. According to 2442 of the code, "the manner of summoning a garnishee shall be to read to him the writ of attachment, if he requires it, and to inform him that he must appear at the court to which the writ of attachment is returnable, there to answer in writing under oath what he is indebted or was indebted to the defendant in the attachment," etc. At all events, the officer must inform the garnishee what he must do, and the above quoted section of the code designates what that information shall be. Additional to "informing" the garnishee as to the particulars specified in the statute, the officer shall read to him the writ of attachment, if he requires it. "Reading the writ" is dependent upon the requirement of the garnishee; but "informing him" of the things which he is required to do is an absolute requirement of the law. The law requires the officer to inform the garnishee what to answer, as set forth in the statute. To tell him to answer in writing under oath as garnishee is not sufficient; for the statute says the manner of summoning a garnishee shall be to "inform" him of certain things which are enumerated therein, and the writ served on appellant does not impart the information required in the statute. The statute says the officer must inform the garnishee, among other things, to answer " what he is indebted to defendant," etc. The writ served on appellant recites in...

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Product Details

General

Imprint

Rarebooksclub.com

Country of origin

United States

Release date

May 2012

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

February 2010

Authors

Dimensions

246 x 189 x 18mm (L x W x T)

Format

Paperback - Trade

Pages

344

ISBN-13

978-0-217-95961-2

Barcode

9780217959612

Categories

LSN

0-217-95961-X



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