Mims v. Swindle
Mississippi Supreme Court
Appeal from chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. Suit by Walter Mims against Estes Swindle. Judgment for defendant was affirmed (86 So. 646), and defendant moves for an allowance of attorney’s fees in defending the appeal.
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Appeal from chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. Suit by Walter Mims against Estes Swindle. Judgment for defendant was affirmed (86 So. 646), and defendant moves for an allowance of attorney’s fees in defending the appeal. The services rendered by counsel for appellee was in an effort to defeat the appellant’s claim on his alleged contract on the merits of the case in a general defense to the suit and not in an attempt to dissolve the injunction. Authorities. In 14 Ruling Case Law, at page 487, we find the rule stated thusly: “The fees recoverable are generally…
1Opinion of the Court
' Smith; C. J.,
delivered the opinion of the court.
The decree of the court beloAV Avas affirmed by this court on a former day (86 So. 646), and the appellee now by motion requests the allowance of a fee for services rendered by his attorneys, incurred by him in defending the appeal. The original bill in the court beloAV Avas exhibited by the appellant against the appellee, setting forth in substance that the appellant A\Tas in possession of certain land under a valid lease thereto from a former oAvner thereof, from whom the appellee purchased the land Avith notice of the appellant’s lease;…
2Cases cited7 opinions
- McSwean v. McSweanSupreme Court of Alabama · 1920
- Curphy v. TerrellMississippi Supreme Court · 1906
- Jamison v. DulaneyMississippi Supreme Court · 1897
- Brooks-Scanlon Co. v. StognerMississippi Supreme Court · 1917
- Baggett v. BeardMississippi Supreme Court · 1870
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3Cited by12 opinions
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- Howell v. McLeodMississippi Supreme Court · 1921
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