New v. Wright
Mississippi Supreme Court
Appeal from the chancery court of Jefferson county. Smiley, J. The appellant assigned: 1st. The court erred in sustaining the motion to dissolve the injunction, and in disallowing said injunction. 2d. The court erred in overruling the motion for the appointment of a receiver.
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Appeal from the chancery court of Jefferson county. Smiley, J. The appellant assigned: 1st. The court erred in sustaining the motion to dissolve the injunction, and in disallowing said injunction. 2d. The court erred in overruling the motion for the appointment of a receiver. “ As want of equity ” is the only ground on which this motion could have been sustained, we look to the grounds stated for an injunction ; and upon perusal of the bill, it is plain that New was entitled to the injunction, no matter what may be the construction of the agreement in relation to the expense of running or…
1Opinion of the Court
Peytou, C. J.:
It appears from the record in this case, that Charles B. New and Charles A. Wright, on the 13th day of July, 1865; formed a partnership in the mill and lumber business, for the term of five years from that date.
The bill of complaint of Charles B. New, filed In the chancery court of Jefferson county, on the 19th day of March, 1869, states that he was possessed of a large tract of land in said county of Jefferson, commonly called his “ Buena Vista” plantation, on which was a great number of cypress trees, well suited and valuable for the purpose of being sawed into lumber, and…
2Cited by4 opinions
- Rice v. TiltonWyoming Supreme Court · 1905
- Fink v. MontgomeryIndiana Supreme Court · 1903
- Sugarman Co. v. Morse Bros.Nevada Supreme Court · 1927
- Bennett v. SmithSupreme Court of Georgia · 1899