Public-domain · open source
OpenJurist

67 Miss. 203

Clark, Hood & Co. v. Gresham

Mississippi Supreme Court

Decided October 15, 1889

Mississippi Supreme Court · decided 1889-10-15

From the circuit court of Lee county. Hon. Lock E. Houston, Judge. On the. 8tb of March, 1888, W. A. Smith sued out, in the circuit court of Lee county, an attachment against T. F. Archer, and on the same day appellants, Clark, Hood & Co., were summoned therein as garnishees.

Decided 1889-10-15

Campbell, J.,

¶1delivered the opinion of the court.

¶2If the appellants were entitled to the allowance made, in view of the fact that they had the money in their hands during the litigation, they were entitled to it out of the money in their hands, and should not have been put to a recovery of the allowance from the plaintiff in the attachment. It is true that the plaintiff is the party ultimately liable for all costs, but his adversary in the litigation, rather than the garnishees, should take the risk, great or small, of realization of costs out of the plaintiff.

¶3Reversed and remanded.

/67/miss/203 · .json · Public domain