Legal Opinion

Marshall v. Minter

Mississippi Supreme Court

Decided October 15, 1871PublishedCited by 10 opinions

Appeal from the chancery court of Carroll county. Cothran, J. The appellant assigned the following errors : 1st. The court erred in sustaining the demurrer of defendant to the original bill. 2d. The court erred in sustaining the demurrer to the amended bill. 3d. The court erred in dismissing the original, amended and supplemental bills.

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Appeal from the chancery court of Carroll county. Cothran, J. The appellant assigned the following errors : 1st. The court erred in sustaining the demurrer of defendant to the original bill. 2d. The court erred in sustaining the demurrer to the amended bill. 3d. The court erred in dismissing the original, amended and supplemental bills. No principle of equity is more clearly and firmly established than that “ a man shall not be benefitted by his own wrongful acts to the injury of another.” It has recently been repeatedly recognized and enforced by this court. 30 Miss. Rep., 135; 31 ib., 107-9…

1Opinion of the Court

Simrall, J.:

Levin B. Marshall recovered judgment in the circuit court of Carroll county, against Samuel B. Marsh, the intestate, on the 12th of July, 1838, for the sum of $3,065 64. On the 8th of March, 1869, injunction was granted, at the instance of Marsh, which was served on Marshall and the sheriff of Carroll county, commanding them “ to refrain from all further *675proceedings and collecting on execution issued on said judgment, and from any further proceedings against said Marsh, touching any of the matters in said bill contained.” It is not material to set out the merits of the bill in…

2Cases cited1 opinion

  1. Lee v. BennettMississippi Supreme Court · 1856

3Cited by10 opinions

  1. Ellyson v. LordSupreme Court of Iowa · 1904
  2. City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
  3. McLaughlin v. GreenMississippi Supreme Court · 1873
  4. Haggart v. WilczinskiCourt of Appeals for the Fifth Circuit · 1906
  5. Johnson v. HowardMississippi Supreme Court · 1932

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