Dibert v. Durham
Mississippi Supreme Court
Appeal from tlie chancery court of Pearl River county. Hon. D. M. Russel, chancellor. Bill hy D. D. Durham against Mrs. Eva C. Butter-worth Dibert. Prom a decree overruling' demurrers to the bill, defendant appeals. Appellee was complainant in the court below, and appellant, Mrs. Dibert, a nonresident of Mississippi - and a resident of New Orleans, La., was the real defendant in interest.
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Appeal from tlie chancery court of Pearl River county. Hon. D. M. Russel, chancellor. Bill hy D. D. Durham against Mrs. Eva C. Butter-worth Dibert. Prom a decree overruling' demurrers to the bill, defendant appeals. Appellee was complainant in the court below, and appellant, Mrs. Dibert, a nonresident of Mississippi - and a resident of New Orleans, La., was the real defendant in interest. The bill seeks to enjoin an execu- * tion of a judgment held by Mrs. Dibert against appellee in the sum of approximately three thousand six hundred dollars. A temporary injunction was granted, and the…
1Opinion of the CourtStevens, J.
(After stating the facts as above.) The bill in this case cannot be maintained. No assault is made upon the final decree recovered by Mrs. Dibert against appellee in the chancery court of Pearl River county and duly affirmed by the supreme court Durham v. Dibert, 70 So. 839. By the terms of that decree appellant was permitted to recover upon the last note of three thousand dollars and this decree operates as a monetary judgment, ánd its integrity cannot now be questioned. This final -decree in the first suit adjudicated liability to Mrs. Dibert in the sum shown by the execution sought to be…
2Cases cited2 opinions
- Smedes v. IlsleyMississippi Supreme Court · 1891
- Gum Carbo Co. v. New Orleans German GazetteMississippi Supreme Court · 1907