Pearman v. Wiggins
Mississippi Supreme Court
Appear from the chancery court of Bolivar county. Hon. M. E. Denton, Chancellor. Suit by R. E. Wiggins and others against W. L. Pear-man. Prom an order granting a preliminary mandatory injunction, defendant appeals. The facts are fully stated in the opinion of the court. We maintain that the chancery court had no jurisdiction of this cause under the facts set up in the bill. 2 Story Eq. Juris, sees. 925, 925f.
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Appear from the chancery court of Bolivar county. Hon. M. E. Denton, Chancellor. Suit by R. E. Wiggins and others against W. L. Pear-man. Prom an order granting a preliminary mandatory injunction, defendant appeals. The facts are fully stated in the opinion of the court. We maintain that the chancery court had no jurisdiction of this cause under the facts set up in the bill. 2 Story Eq. Juris, sees. 925, 925f. Our Supreme court in the case of Green v. Lake said: “Generally, a court of equity will not entertain a bill until the right of the complainant has been established at law; if the right…
1Opinion of the CourtReed, J.
Appellees, by bill, sought an injunction requiring appellant to remove certain secondhand gin machinery, boilers, stands, and other things from the streets of the town of Cleveland, because they were a nuisance. The bill alleges that the nuisance was public and private by reason of the things mentioned blocking the street and interfering with travel, and proving a general injury to the people of the town, and that it resulted in an irreparable injury to appellees, and to the business of appellee Wiggins.
It appears that the business of Wiggins was conducted in a store near to or-adjoining the…
2Cases cited2 opinions
- Green v. LakeMississippi Supreme Court · 1877
- Gulf Coast Ice & Manufacturing Co. v. BowersMississippi Supreme Court · 1902
3Cited by4 opinions
- Thomas v. Mississippi Power & Light Co.Mississippi Supreme Court · 1934
- Miles v. FinkMississippi Supreme Court · 1918
- Morris v. TrussellMississippi Supreme Court · 1926
- Montgomery v. HollingsworthMississippi Supreme Court · 1921