57 So. 548 | Miss. | 1911
delivered the opinion of the court.
There is only one question in this case that needs discussion; all others, we think, having already been settled by this court in several decisions. The appellant was garnished in a justice of the peace court on a judgment recorded by appellee against W. L. McDaniel. Appellant failed to answer on the day required by section 2347 of the Code of 1906, whereupon the justice of the peace rendered judgment for the amount of appellee’s demand, as required by section 2345 of the Code. Subsequently the lumber company appealed to the circuit court, and for the first time undertook to file an answer to the garnishment, which was objected to by appellee, and the trial court sustained the objection and refused to allow the answer to be filed. Appellant excepted to the action of the court, and the case is appealed to this court.
It is argued by appellant that this court held in the case of Mitchell v. Mead, 92 Miss. 596, 46 South. 58, that the ahswer of the garnishee could be filed, for the first time, in the circuit court, and that the above case is in
There is no conflict between the above cases, and the judgment of the court below is affirmed.
Affirmed.