Quarles v. Hiern
Mississippi Supreme Court
Motion in the supreme court. In a suit brought by Hiern, the appellee, against Quarles and others in the chancery court of Harrison county, a final-decree was rendered in favor of Hiern. After entry of the decree, the original papers were turned over to Hiern, the successful complainant, at his request, for examination.
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Motion in the supreme court. In a suit brought by Hiern, the appellee, against Quarles and others in the chancery court of Harrison county, a final-decree was rendered in favor of Hiern. After entry of the decree, the original papers were turned over to Hiern, the successful complainant, at his request, for examination. Defendants perfected their appeal, but as Hiern has never returned the file of papers to the clerk of the chancery court, it has been impossible to make a complete transcript for the appeal. Appellants have.caused a transcript of the decree to be filed in this court with the…
1Opinion of the CourtCampbell, C. J.
This is a case for the practical application of the maxim, omnia praesumuntur contra spoliatorem, and therefore it is ordered that a rule be made on the complainant in the bill, appellee here, to show cause, on the third Monday of January next, why the decree appealed from shall not be reversed, which will be done unless the original papers shall be produced to the clerk of the chancery court of Harrison county, so that a transcript may be made for this appeal. In ho other way can justice be surely done to the appellant. If the papers have been destroyed or lost by him who obtained the…
2Cited by4 opinions
- Denson v. StanleyAlabama Court of Appeals · 1918
- Handford v. StateCourt of Appeals of Mississippi · 1999
- McClanahan v. O'DonnellMississippi Supreme Court · 1927
- Germaine v. HarwellMississippi Supreme Court · 1913