Smith v. Bruner

Decided January 15, 1852

Mississippi Supreme Court · decided 1852-01-15

<p>The plaintiff in error was summoned as a garnishee, and filed his answer, which, in the opinion of this court, was sufficient to have entitled him to a discharge, yet judgment in the circuit court was rendered against him. Held, that, the answer, though rath'er vague arid inartificially drawn, yet contained a substantial denial of indebtedness, and the court below erred in rendering judgment against the garnishee.</p>

Cited by 1 later decisions — most recently January 1870

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-01-15

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Mr. Justice Yerger

¶1delivered the opinion of the court.

¶2In this case the plaintiff in error was summoned by defendants to answer as a garnishee in their suit against William McCulley. An answer was filed, which in our opinion was sufficient to have entitled him to a discharge, yet the circuit judge gave judgment against him. An application was then made to set aside the judgment and to amend the answer on affidavits filed, which was refused. The rendition of the judgment on the answer, and the refusal to set it aside with leave to amend the answer, are both assigned as error. Believing the answer, though rather vague and inartificially *509drawn, to contain a substantial denial of indebtment, we think the court erred in rendering the judgment against the garnishee ; and this renders it unnecessary to decide whether leave should have been given to amend or not.

¶3Let the judgment be reversed, and judgment rendered in this court in accordance with this opinion.