Waller v. Shannon
Mississippi Supreme Court
Appeal from the Chancery Court of Chicasaw County. Hon. William D. Frazee, Chancellor. 1. We submit that this affidavit by the solicitor in the case is not sufficient. Bank of Orleans v. Skinner, 9 Paige Ch. 305 ; 1 Daniell’s Ch. Pr. 399, and notes. 2. The bill is multifarious. Story Eq. PI. 271; Daniell’s Ch. Pr. 451; Jones v. Foster, 50 Miss. 51. 1. No affidavit was necessary to the bill.
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Appeal from the Chancery Court of Chicasaw County. Hon. William D. Frazee, Chancellor. 1. We submit that this affidavit by the solicitor in the case is not sufficient. Bank of Orleans v. Skinner, 9 Paige Ch. 305 ; 1 Daniell’s Ch. Pr. 399, and notes. 2. The bill is multifarious. Story Eq. PI. 271; Daniell’s Ch. Pr. 451; Jones v. Foster, 50 Miss. 51. 1. No affidavit was necessary to the bill. Code 1871, §§ 1015, 1048. 2. If required, the affidavit by the solicitor was sufficient. Code 1871, § 687. 3. The bill is not multifarious. MeGfoioan v. McCfowan, 48 Miss. 553; Story Eq. PI. § 271 a.
1Opinion of the CourtChalmers, J.
A bill filed by a judgment creditor to vacate fraudulent conveyances and subject the realty to the lien of his judgment was demurred to, on the ground that it was sworn to by the solicitor instead of by the complainant in person. There is no law which requires such a bill to be sworn to at all, and hence the verification by affidavit of the wrong person could make no difference. If it was a bill to which an affidavit was necessary, it could be made by the solicitor, under § 687 of the Code; but in that event the affidavit must be special, setting forth whether the statements made on…
2Cases cited1 opinion
- McGowan v. McGowanMississippi Supreme Court · 1873
3Cited by11 opinions
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- Jones v. JonesMississippi Supreme Court · 1911
- Burks v. BurksMississippi Supreme Court · 1889
- Hardie v. BulgerMississippi Supreme Court · 1889
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