Hiller v. Cotten
Mississippi Supreme Court
Appeal from a decree by Hon. Thomas Y. Berry, Chancellor of the tenth district, at the court-house in Jefferson County, dissolving an injunction.
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Appeal from a decree by Hon. Thomas Y. Berry, Chancellor of the tenth district, at the court-house in Jefferson County, dissolving an injunction. H. Hiller & Co., Wolfe & Cerf and Levy f Moyse, by their solicitor D. W. Hurst, filed a bill in the’ Chancery Court of Amite County, against J. R. Cotten, alleging that an attachment at his suit against M. Hiller &’ Co., returnable to the Circuit Court of Amite County, having been levied on land over $4,331.89 in value, in Pike County, and the complainants summoned as garnishees, a judgment for $4,331.89 w.as rendered. against M. Hiller & Co., with…
1Opinion of the CourtCampbell, J.
Notice of the hearing of a motion to dissolve an injunction when served on the solicitor of the complainant is as valid and effectual as if served on the party himself. Code 1871, § 2255.
Notice to the solicitor of the complainant of the hearing of a motion to dissolve an injunction is not rendered insufficient by a misdescription, in a matter which could not mislead him, of his client. Notice to the solicitor of the time and place of the hearing of the motion is the material matter. Accuracy in the designation of his client is immaterial, if there is no mistaking the cause to which the notice…
2Cited by2 opinions
- Cashin v. MurphyMississippi Supreme Court · 1923
- Simmons v. Hopson's Bayou Drainage DistrictMississippi Supreme Court · 1916