Nevitt v. Bank of Port Gibson
Mississippi Supreme Court
On appeal from the superior court of chancery of the state of Mississippi. The Bank of Port Gibson having, on the 15th day of May, A. D. 1841, obtained judgment at law against John B. Nevitt, he, on "the 1st day of May, A. D. 1844, filed his bill in the superior court of chancery, to enjoin it. The injunction having been granted on the bill was, on final hearing, dissolved by the chancellor; and Nevitt appealed to the high court of errors and appeals.
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On appeal from the superior court of chancery of the state of Mississippi. The Bank of Port Gibson having, on the 15th day of May, A. D. 1841, obtained judgment at law against John B. Nevitt, he, on "the 1st day of May, A. D. 1844, filed his bill in the superior court of chancery, to enjoin it. The injunction having been granted on the bill was, on final hearing, dissolved by the chancellor; and Nevitt appealed to the high court of errors and appeals. While this appeal was pending proceedings were commenced in the circuit court of Claiborne county against the bank, at the instance of the…
1Opinion of the CourtJustice Clayton
The great question in this cause is, whether the 8th, 9th and 10th sections, of the act of 1843, “ prescribing the mode of proceeding against incorporated banks, for a violation of their corporate franchises,” are constitutional or not. These sections, in substance, provide that, when a judgment of forfeiture is entered against a bank, its debtors shall not be thereby released from their debts and liabilities, but that the court rendering such judgment shall appoint one or more trustees to take charge of the books and assets of the same, to sue for and collect all debts due to it, to sell all…
2Cases cited3 opinions
- McCracken v. HaywardSupreme Court of the United States · 1844
- State Ex Rel. Washington County v. Baltimore & Ohio RailroadSupreme Court of the United States · 1845
- Bank of Columbia v. Attorney GeneralCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by3 opinions
- Byers v. DanleySupreme Court of Arkansas · 1871
- Stigler v. JaapMississippi Supreme Court · 1903
- Fast v. Canton, Aberdeen & Nashville RailroadMississippi Supreme Court · 1899