Legal Opinion

Storm v. Smith

Mississippi Supreme Court

Decided October 15, 1871PublishedCited by 1 opinion

Appeal from the chancery court of Lawrence county. McNair, J. The appellant assigned the following error: That the court erred in dissolving the injunction granted to the complainant on his original bill. So far as the laches of the appellant is concerned, in not having made his defense at law, the court is referred to the case of Ghrisman v. Beasley, Freeman’s Chan. Rep.; also S. & M., Oh.

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Appeal from the chancery court of Lawrence county. McNair, J. The appellant assigned the following error: That the court erred in dissolving the injunction granted to the complainant on his original bill. So far as the laches of the appellant is concerned, in not having made his defense at law, the court is referred to the case of Ghrisman v. Beasley, Freeman’s Chan. Rep.; also S. & M., Oh. Rep., 561. If that case is law, and it has not been reversed, there is nothing to be apprehended by the appellant, upon this point. I need not refer to the unbroken current of decisions which pronounce a…

1Opinion of the Court

Peyton, C. J.:

It appears from the record in this case that the appellee, as guardian, sold, on the 17th day of March, 1860, at public auction, under a decree of the probate court of Copiah county, a negro slave named J'oe, the property of his ward, to John Storm, the appellant, on a credit of ten months, for the sum of $1,335, for which he executed his note with sureties to the said guardian.

The appellee instituted suit upon this note to the November term of the circuit court of Lawrence county, and obtained a judgment thereon at the May term, 1867, of said court, for the sum of $1,903 50,…

2Cases cited5 opinions

  1. Ware v. HoughtonMississippi Supreme Court · 1867
  2. Bohannon v. FultonMississippi Supreme Court · 1856
  3. Joslin v. CaughlinMississippi Supreme Court · 1854
  4. Joslin v. CaughlinMississippi Supreme Court · 1856
  5. Long v. HickingbottomMississippi Supreme Court · 1855

3Cited by1 opinion

  1. Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884

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