Montgomery v. Evans

Decided April 16, 1883

Mississippi Supreme Court · decided 1883-04-16

J. J. Montgomery, under a decree of the Chancery Court of Bolivar county in favor of J. E. Heard, sold the lands of the defendants therein… Held: against a great array of authorities to the contrary, that money collected on execution was liable to be garnished in an attachment while in the hands of a constable or sheriff, prior to the return day of the execution, but the reasoning upon which that conclusion was ar-' rived at has no application to the case of a commissioner…

Affirmed, · Decided 1883-04-16

¶1Opinion.

Per curiam:

¶2All the facts now undertaken to be set up by bill of interpleader were known to Montgomery when he answered the garnishment in the Chancery Court of Hinds county. If dissatisfied with the decree of that court he should have appealed. Mrs. Evans, having *360obtained a decree there, cannot, by bill of interpleader, be compelled to xelitigate. A party threatened with two suits by different persons, or actually sued by two persons upon that same cause of action, must file his bill for interpleader before judgment at law against him, unless there be some new development after judgment that excuses his delay or furnishes a new reason for interpleader. Kuhn v. McKinney, 59 Miss.

¶3Affirmed.