Russell v. Clingan

Mississippi Supreme Court

Russell v. Clingan

33 Miss. 535

CourtMississippi Supreme Court

DecidedOctober 15, 1857

StatusPublished

Cited by3 cases

This text of 33 Miss. 535 (Russell v. Clingan) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Russell v. Clingan, 33 Miss. 535 (Mich. 1857).

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Opinion

Fisher, J.,

delivered the opinion of the court.

The plaintiff in error was summoned to answer, as a garnishee, what sum or amount he was indebted to one Charles Dudley, and he'answered, that upon Dudley’s complying with his contract with the plaintiff in error, he would owe Dudley the sum of ninety-five dollars. The court rendered a judgment upon this answer for the above sum.

This judgment was erroneous. The answer did not admit an indebtedness, but only the possibility of an indebtedness at a future period.

Judgment reversed, and cause remanded.

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Fisher, J.,

delivered the opinion of the court.

The plaintiff in error was summoned to answer, as a garnishee, what sum or amount he was indebted to one Charles Dudley, and he'answered, that upon Dudley’s complying with his contract with the plaintiff in error, he would owe Dudley the sum of ninety-five dollars. The court rendered a judgment upon this answer for the above sum.

This judgment was erroneous. The answer did not admit an indebtedness, but only the possibility of an indebtedness at a future period.

Judgment reversed, and cause remanded.

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Bluebook (online)

33 Miss. 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-clingan-miss-1857.

Opinion

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