Grand Gulf Railroad & Banking Co. ex rel. Ingraham v. Conger

Mississippi Supreme Court

Grand Gulf Railroad & Banking Co. ex rel. Ingraham v. Conger

17 Miss. 505

Mississippi Supreme Court·Decided January 15, 1848·Published

Opinion

Mr. Justice Thacher

delivered the opinion of the court.

An action, commenced by attachment, was instituted by the [510]*510President and Directors of the Grand Gulf Railroad and Banking Company, for the use of Alfred Ingraham and George Read. The affidavit was made by the usees, the bond was executed by them and conditioned for their effectual prosecution of the suit. The statute requires that the officer granting the attachment “ shall take bond and security from the party plaintiff.” The usees were the real plaintiffs, and the Bank merely the nominal plaintiffs. The affidavit and bond are within the statute. In other respects the proceedings were correct.

Judgment reversed and cause remanded.

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Mr. Justice Thacher

delivered the opinion of the court.

An action, commenced by attachment, was instituted by the [510]*510President and Directors of the Grand Gulf Railroad and Banking Company, for the use of Alfred Ingraham and George Read. The affidavit was made by the usees, the bond was executed by them and conditioned for their effectual prosecution of the suit. The statute requires that the officer granting the attachment “ shall take bond and security from the party plaintiff.” The usees were the real plaintiffs, and the Bank merely the nominal plaintiffs. The affidavit and bond are within the statute. In other respects the proceedings were correct.

Judgment reversed and cause remanded.

Grand Gulf Railroad & Banking Co. ex rel. Ingraham v. Conger, 17 Miss. 505 (Mich. 1848).

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17 Miss. 505 (Grand Gulf Railroad & Banking Co. ex rel. Ingraham v. Conger) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.