Legal Opinion

Street v. Smith

Mississippi Supreme Court

Decided November 15, 1904PublishedCited by 4 opinions

From the chancery court of Clay county. IIon. Wiley IT. Clinton, Special Chancellor. Smith, the appellee, was complainant, and Street, the appellant, defendant in the court below. From a decree overruling defendant’s demurrer to complainant’s bill defendant, Street, appealed to the supreme court. The bill alleges that on January 6, 1892, J. IT.

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From the chancery court of Clay county. IIon. Wiley IT. Clinton, Special Chancellor. Smith, the appellee, was complainant, and Street, the appellant, defendant in the court below. From a decree overruling defendant’s demurrer to complainant’s bill defendant, Street, appealed to the supreme court. The bill alleges that on January 6, 1892, J. IT. L. Jerdine obtained a judgment in the circuit court of Olay county against Mrs. Lucy A. Munger for $1,432, which was regularly enrolled in the office of the circuit clerk of said county on the 14th day of January, 1892; that in 1899 complainant, for a…

1Opinion of the CourtTruly, J.

The demurrer of appellant was properly overruled. The judgment in favor of Jerdine against Mrs L. A. Munger was assigned in writing — so the bill avers — to appellee before the expiration of seven years from the rendition thereof. By suit in the name of the assignee of the judgment, brought within the time prescribed by § 2743, Code 1892, the lien of the judgment was extended under the operation of § 2743, Code 1892. This was a full compliance with all of the provisions of law governing the renewal and extension of the lien of judgment which were obligatory upon the appellee.

Sec. 2462, Code…

2Cited by4 opinions

  1. Grace v. PierceMississippi Supreme Court · 1921
  2. Anderson-Tully Co. v. BrownMississippi Supreme Court · 1980
  3. Deposit Guar. Nat. Bank v. BiglaneMississippi Supreme Court · 1983
  4. Kimbrough v. WrightMississippi Supreme Court · 1957

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