McRaney v. Coulter
Mississippi Supreme Court
Appeal from tbe Chancery Court of Covington county. Hon. John E. McNair, chancellor. Insisted that it was the duty of complainant, or his attorney, to‘see that the judgment of the Circuit Court sustaining his motion for a new trial was entered on the minutes of the court.
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Appeal from tbe Chancery Court of Covington county. Hon. John E. McNair, chancellor. Insisted that it was the duty of complainant, or his attorney, to‘see that the judgment of the Circuit Court sustaining his motion for a new trial was entered on the minutes of the court. That chancery will only grant relief where the parties could not have protected themselves in a court of law, by the proper use of means there secured to them; and, having been guilty of neglect in this case, the complainant’s bill must be dismissed.
1Opinion of the CourtSmith, C. J.
This was a bill filed in the Chancery Court of Covington county for a new trial at law, which was granted; and the defendants appealed.
The material facts alleged in the bill'and proved are substantially these: The appellee brought suit against the appellants, in the Circuit Court of said county, on a promissory note. The presiding judge of the district being disqualified to sit in the cause, a trial was had before a special judge, selected as the statute *391directs; and verdict and judgment were rendered for the appellants. A motion was made for a new trial, at the hearing of which the special…
2Cited by2 opinions
- Baltimore & O. R. v. WeedonCourt of Appeals for the Sixth Circuit · 1897
- Oglesby v. FoleyAppellate Court of Illinois · 1892