Legal Opinion

Person v. Barlow

Mississippi Supreme Court

Decided April 15, 1858PublishedCited by 2 opinions

Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. 1. The verdict is competent evidence of plaintiffs’ demand. Waldo v. Long, 7 J. R. 173; Kip v. Brigham, lb. 170 ; Basker-ville v. Brown, 1 Black. 293 ; Estep v. Eutchman, 14 S. & R. 435; Foster v. Compton, 2 Starkie’s Cases, 364; 1 Phil. Ev. 324 ; Co-myn’s Dig. Tit. Testmoigne, A. 5. 2. The complainants are without remedy at law, and therefore entitled to come into equity.

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Appeal from the Superior Court of Chancery. Hon. Charles Scott, chancellor. 1. The verdict is competent evidence of plaintiffs’ demand. Waldo v. Long, 7 J. R. 173; Kip v. Brigham, lb. 170 ; Basker-ville v. Brown, 1 Black. 293 ; Estep v. Eutchman, 14 S. & R. 435; Foster v. Compton, 2 Starkie’s Cases, 364; 1 Phil. Ev. 324 ; Co-myn’s Dig. Tit. Testmoigne, A. 5. 2. The complainants are without remedy at law, and therefore entitled to come into equity. Lenox v. JRoberts, 2 Wheat. 373.

1Opinion of the CourtHaNDY, J.

The appellants hied their bill in chancery, alleging in substance, that in an action at law, brought by the Bank of Port Gibson against the appellees upon a promissory note, a verdict was rendered on the 6th of May, 1841, for the plaintiff, for the sum of $770; and on the 11th of May, 1843, that the bank assigned the same to the appellants, for the benefit of the creditors and stockholders of the bank ; that subsequently, by judgment of law upon a proceeding of quo ivarranto, the bank was deprived of its franchises, and the corporation was dissolved; that no judgment in form was entered upon…

2Cases cited1 opinion

  1. Kip v. BrighamNew York Supreme Court · 1810

3Cited by2 opinions

  1. J. T. Moore & Co. v. HoskinsMississippi Supreme Court · 1889
  2. Weir v. FieldMississippi Supreme Court · 1889

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