Ledyard v. Henderson, Terry & Co.
Mississippi Supreme Court
Appeal from chancery court of Monroe county. Bradford, J. Henderson, Terry & Co., A. E. & W. J. Ledyard, and McRae & Boykin sued out attachments against an absconding debtor, Joseph Brown. Judgments were rendered in all the attachment suits, and the property attached ordered to be sold.
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Appeal from chancery court of Monroe county. Bradford, J. Henderson, Terry & Co., A. E. & W. J. Ledyard, and McRae & Boykin sued out attachments against an absconding debtor, Joseph Brown. Judgments were rendered in all the attachment suits, and the property attached ordered to be sold. The property was sold by the sheriff, and the proceeds applied to certain other attaching creditors whose attachments were prior in point of time to those of A. E. & W. J. Ledyard and McRae & Boykin, but junior to that of Henderson, Terry & Co. ; the attachment in their favor (H., T. & Co.) having been vacated…
1Opinion of the Court
Simrall, J.:
It is conceded by the counsel for the appellees, that, if the decree against Dobbs, referred to in the motion, was “final,” then there was no power in the court at a subsequent term to set it aside. Harr. Ch. Pr. 622, thus defines a final decree: “ When all the circumstances and facts necessary to a complete explanation of the matters in litigation are Drought before the court and so fully and clearly ascertained Dy the pleadings on both sides, that the court from them is *268enabled to collect the respective merits of the parties litigant, and upon full consideration determines…
2Cases cited4 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Robertson v. JohnsonMississippi Supreme Court · 1866
- Garrard v. WebbSupreme Court of Alabama · 1836
- Torrence v. KerrMississippi Supreme Court · 1854
3Cited by2 opinions
- Burcham v. Estate of BurchamMississippi Supreme Court · 1974
- Connell v. CazenueveMississippi Supreme Court · 1919