Crighton v. Dahmer
Mississippi Supreme Court
From the chancery court of the second district of Chickasaw county. Hon. Baxter McFarland, Chancellor. The case is stated in the opinion. As a bill to remove clouds, the bill was maintainable. 25 Mo., 153; 99 Mass., 209. The defendant, Henry Dahmer, being left free to pursue his civil remedies, could not possibly be endangered by a retention of the injunction. It should have been retained until final hearing.
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From the chancery court of the second district of Chickasaw county. Hon. Baxter McFarland, Chancellor. The case is stated in the opinion. As a bill to remove clouds, the bill was maintainable. 25 Mo., 153; 99 Mass., 209. The defendant, Henry Dahmer, being left free to pursue his civil remedies, could not possibly be endangered by a retention of the injunction. It should have been retained until final hearing. High on Inj., §§ 902, 944; Bowen v. Hoskins, 45 Miss., 183; Coleman v. Hudspeth, 49 lb., 562. The existence or non-existence of a remedy at law does not afford a test as to the right to…
1Opinion of the CourtCooper, J.
The appellant exhibited his bill in chancery against Henry, Peter, Andrew aud John Hahmer. He avers that John Hahmer is the owner of a certain farm now occupied by ■complainant, and, on the twenty-sixth day of November, 1891, leased the same to one Helmont for the term of three years, beginning January 1, 1892, and delivered possession thereof to Helmont, who entered and occupied and held the same ■until November 14, 1892, when he assigned the remainder of his term to complainant, and put him in possession of the farm. That complainant continued in the quiet and peaceable possession of said…
2Cases cited4 opinions
- In Re SawyerSupreme Court of the United States · 1888
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Shinkle v. City of CovingtonCourt of Appeals of Kentucky · 1885
- Louisiana State Lottery Co. v. FitzpatrickU.S. Circuit Court for the District of Louisiana · 1879
3Cited by27 opinions
- Delaney v. . FloodNew York Court of Appeals · 1906
- Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
- State ex rel. Kenamore v. WoodSupreme Court of Missouri · 1900
- Kelly v. ConnerTennessee Supreme Court · 1909
- Mayor of Shellman v. SaxonSupreme Court of Georgia · 1910
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