Bonds v. Garvey

Decided November 15, 1905

Mississippi Supreme Court · decided 1905-11-15

From the chancery court of, first district, Hinds county. Hon. Robert B. Mayes, Chancellor. Bonds, the appellant and complainant, sued out an attachment in chancery against Garvey, a nonresident, the appellee and defendant. The Merchants’ Bank, a resident corporation, was made defendant upon the charge that it was indebted to Garvey, or had effects of his in its hands or possession.

Good law ✅— No negative treatment on recordhow we know

Decided 1905-11-15

How this case has been cited

Cited by 7 later decisions — most recently November 1951

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2There is no provision in the statute regulating attachments in chancery requiring the complainant to give bond as is required in respect to a plaintiff in attachments at law; nor is there any pro*337vision in the statute law on the subject authorizing a chancery court to allow damages by way of attorneys’ fees, etc., in attachments in chancery. The whole matter of damages in attachment proceedings is purely statutory, and in the absence of a statute providing therefor we do not think the court was correct in allowing the damages in this case. See Stauffer v. Garrison, 61 Miss., 67, and other authorities cited by counsel for appellant.

¶3The action of the chancellor on the merits -was correct; hut for the error indicated the decree is reversed, and a decree will he entered here dismissing the hill at the costs of the complainant. 8o ordered.