Vicksburg & Meridian Railroad v. McCutchen
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. E. Hill, Chancellor. All the important facts of the case are fouúd in the opinion of the court. Errors are assigned as follows : 1. The court erred in rendering the decree pro confesso against the appellant, on the 9th day of January, 1873. 2. In entering final decree against the appellant, January 13, 1873, and in ordering a sale of the railway and its property, subject to the mortgage therein.
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Appeal from the Chancery Court of Warren County. Hon. E. Hill, Chancellor. All the important facts of the case are fouúd in the opinion of the court. Errors are assigned as follows : 1. The court erred in rendering the decree pro confesso against the appellant, on the 9th day of January, 1873. 2. In entering final decree against the appellant, January 13, 1873, and in ordering a sale of the railway and its property, subject to the mortgage therein. The bill should have been dismissed at the hearing or remanded for amendment. 3. The decree is erroneous in directing an absolute sale of the…
1Opinion of the CourtCampbell, J.
Appellee exhibited his bill, in the chancery court of Warren county, against appellant, showing that on the 14th December, 1870, he obtained in the circuit court of said county a judgment against appellant for $1,177.49, and had execution issued on it, which was returned “ nulla bona,” and that said judgment remained unsatisfied; that appellant, on the 25th March, 1857, executed a mortgage on -its road-bed, depots, lots, shops, locomotives, cars, furniture, and equipments, then’had or thereafter to be acquired, and its franchises, to secure certain bonds, to mature 1st January, 1869, and at…
2Cases cited2 opinions
- Vasser v. HendersonMississippi Supreme Court · 1866
- Dunham v. IsettSupreme Court of Iowa · 1863
3Cited by1 opinion
- Dillon v. HackettMississippi Supreme Court · 1948