General Acceptance Corp. v. Holbrook, 43684
| Decision Date | 15 November 1965 |
| Docket Number | No. 43684,43684 |
| Citation | 179 So.2d 845,254 Miss. 78 |
| Parties | GENERAL ACCEPTANCE CORPORATION v. Herman V. HOLBROOK and Mary Sue Holbrook. |
| Court | Mississippi Supreme Court |
William Harold Odom, Kenneth E. Bullock, Laurel, for appellant.
Jack Parsons, Wiggins, for appellees.
General Acceptance Corporation, appellant (called GAC), brought this suit in the Chancery Court of Jones County, by a nonresident attachment, against Mr. and Mrs. Holbrook, residents of Florida. Personal service of process was later had upon Mr. Holbrook. The bill alleged that he owned real property in Jones County, which was the subject of attachment; and that GAC obtained a judgment on December 4, 1963 in the Court of Record of Broward County, Florida, in the amount of $4,235. The suit was on the judgment. A copy of it was attached as an exhibit to the bill of complaint. A writ of attachment and publication process were issued.
The chancery court sustained motions to quash the writ and to dismiss the suit, filed separately by defendants. It was correct in quashing the writ and dismissing as to Mrs. Holbrook, since the bill showed on its face that the land did not belong to her. Hence the order as to Mrs. Holbrook is affirmed.
However, the trial court erred in quashing the writ of attachment and dismissing the bill as to Mr. Holbrook. This was done on the theory that the copy of the foreign judgment attached to the bill of complaint as an exhibit was not properly authenticated. The order confused a pleading with an evidence question.
Mississippi Code Annotated section 1469 (1956) requires that in actions founded on any writing, a copy of it shall be attached to the declaration or bill of complaint. Section 1412 makes this statute applicable to chancery courts. A copy of the Florida judgment was attached to the bill, which alleged sufficient to withstand demurrer. The suit was based on the judgment, and the exhibit copy was a sufficient compliance with section 1469. Hence the trial court erred in quashing the writ and dismissing the bill. Its order was without reservation and amounted to a dismissal with prejudice.
Accordingly, we do not reach the question of the sufficiency of the authentication of the judgment of the Florida court. That is a question of evidence, and GAC has not offered that document into evidence as yet. Code section 1746 provides that copies of the record of any writing recorded by the laws of any other state, 'shall, when...
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Smith v. State, 55316
...option of proceeding under 28 U.S.C.A. § 1738 (1950) or Mississippi Code Annotated section 13-1-99 (1972). General Acceptance Corp. v. Holbrook, 254 Miss. 78, 179 So.2d 845 (1965). 28 U.S.C.A. § 1738 The Acts of the legislature of any State, Territory, or Possession of the United States, or......