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WAYNE LEE'S GROCERY v. BAY ST. LOUIS

No. 90-CA-0082.

580 So.2d 1295 (1991)

WAYNE LEE's GROCERY AND MARKET, INC. v. BAY ST. LOUIS, MISSISSIPPI COMMERCIAL PROPERTIES DEVELOPMENT CORPORATION.

Supreme Court of Mississippi.

May 15, 1991.

Attorney(s) appearing for the Case

Henry P. Pate, III, William B. Dorsey, Dorsey & Shaddock, Pascagoula, for appellant.

Robert G. Gillespie, Jr., Gillespie & Gillespie, Gulfport, for appellee.

Before DAN M. LEE, P.J., and PRATHER and BANKS, JJ.

BANKS, Justice, for the court:

In this appeal we are called upon to explore the parameters of the relief afforded garnishees in default by the sworn declaration mechanism prescribed in Mississippi Code Annotated, Section 11-35-31 (1972)1. We conclude that, where such a declaration is filed prior to execution on the default judgment, a defaulting garnishee suffers only liability for attorneys...

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