Cotton v. Hiller
Mississippi Supreme Court
Appeal from the Chancery Court of Amite County. Hon. E. H. Osgood, Chancellor. All the facts necessary to a full understanding of the case, and the principles announced, are stated in the opinion of the court.
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Appeal from the Chancery Court of Amite County. Hon. E. H. Osgood, Chancellor. All the facts necessary to a full understanding of the case, and the principles announced, are stated in the opinion of the court. The error assigned is as follows : The court erred in rendering a final decree in said cause for appellees, in perpetually enjoining the judgment at law, in the bill described, and granting a new trial at law to the said appellees, in the case in their said bill described, in the circuit court of Amite county. 1. Do the proofs clearly manifest to a court of equity that injustice has…
1Opinion of the CourtSimrall, C. J.
M. Hiller & Co., against whom J. R. Cotton & Co. had obtained a pecuniary recovery at law, exhibited a bill in chancery, craving that the judgment at law might be enjoined, and that Cotton & Co. should be compelled to submit to a new trial. On final hearing on the pleadings and proofs the relief was granted. J. R. Cotton & Co. have brought the case to this court for review. It is established doctriue that a court of equity will not assist a party after a trial at law unless he can impeach the justice of the verdict by facts of which he could not avail himself, by reason of accident, mistake,…
2Cases cited6 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
- Meyer, Weiss & Co. v. MorganMississippi Supreme Court · 1875
- Lindsey v. John W.Mississippi Supreme Court · 1853
- M. Hiller & Co. v. J. R. Cotton & Co.Mississippi Supreme Court · 1873
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- Fordyce v. PeperUnited States Circuit Court · 1883
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