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217 Miss. 683

Williams v. Thigpen

Mississippi Supreme Court

Decided May 18, 1953

Mississippi Supreme Court · decided 1953-05-18

Cited by 2 later decisions — most recently October 1963

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1953-05-18

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Boberds, P. J.

¶1Mr. Thigpen sued out a nonresident attachment against local lands of Mrs. Williams. The debt liability, according to the declaration, was the purchase by Mrs. Williams of, and her promise to pay for, specified goods, wares and merchandise, aggregating the sum of $731.72.

¶2The trial court directed the jury to find for Mr. Thig-pen on both the debt and attachment issues. That was done and judgment entered accordingly. From that action Mrs. Williams appeals.

¶3No bond was executed at any time as a part of the attachment proceedings. Execution and approval of bond were essential to a valid attachment in the circuit *686court. Section 2680, Miss. Code 1942; Ford v. Hurd, 7 Miss. 683 (4 S. & M. 683); 7 C. J. S. 326, Sec. 145.

¶4 Tire court erred in directing tlie jury to find for plaintiff on the debt and attachment issues. As shown, the attachment was void. There was a material conflict in the testimony as to whether Mrs. Williams was, or was not, personally liable for the debt.

¶5Appellant says the court erred in receiving oral testimony as to the correctness of the items aggregating the amount for which suit was brought. She says the evidence discloses that books of original entry of the charges and credits were in existence and they should have been produced. Objection was made to some of such testimony, but some of it went in without objection. We do not pass upon the question because it may not arise on another trial.

¶6Reversed and remanded.

Kyle, Holmes, Ethridge and Lotterhos, JJ., concur.
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