Tharp v. Marsh
Mississippi Supreme Court
Error to the Special Court of Equity at Brookhaven. Iio'n. -Stone, judge. Provisional Governor Sharkey, by proclamation of 12th July, 1865, established special courts of equity “with equity jurisdiction in all contracts for cotton or other personal property in this State, with power to proceed in a summary way on petition, to enforce specific performance or rescind contracts, on notice to parties, to issue necessary process, to punish for contempt,” etc.
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Error to the Special Court of Equity at Brookhaven. Iio'n. -Stone, judge. Provisional Governor Sharkey, by proclamation of 12th July, 1865, established special courts of equity “with equity jurisdiction in all contracts for cotton or other personal property in this State, with power to proceed in a summary way on petition, to enforce specific performance or rescind contracts, on notice to parties, to issue necessary process, to punish for contempt,” etc. By proclamation of 25th of July, 1865, it is recited that as doubts have arisen in the minds of some as to the jurisdiction of the special…
1Opinion of the CourtHaeRis, J.
The defendants in error filed their petition in the Special Court of Equity, stating that in the month of June, 1855, they employed plaintiff in error, and sent him to Simpson county in this State to buy cotton for them, and furnished him with goods and money for that purpose, for which he was to have one-fourth of the net profits, arising from the sale of the goods and cotton, for his compensation. That said Tharp had no capital of his own. That with the capital furnished by defendants in error, he purchased and remitted to them forty-three bales of cotton. That, having reason to doubt the…
2Cited by1 opinion
- Fairly v. NashMississippi Supreme Court · 1892