Newman v. Morris
Mississippi Supreme Court
Appeal from the Chancery Court of Washington Comity. Hon. E. StapeORD, Chancellor. All the material facts in the case are stated in the opinion of the court. The errors assigned are as follows : 1. The court erred in sustaining the motion to dissolve the injunction granted therein. 2. The court erred in rendering the final decree dismissing the bill. The decree should have been in favor of complainant, and granting her a new trial, as prayed.
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Appeal from the Chancery Court of Washington Comity. Hon. E. StapeORD, Chancellor. All the material facts in the case are stated in the opinion of the court. The errors assigned are as follows : 1. The court erred in sustaining the motion to dissolve the injunction granted therein. 2. The court erred in rendering the final decree dismissing the bill. The decree should have been in favor of complainant, and granting her a new trial, as prayed. The judgment was rendered for $266.50.- It was enjoined because fraudulently obtained. The Eevised Code of 1871, § 1780, provides “* * * and when a…
1Opinion of the CourtChalmers, J.
This was a bill hied by Mrs. Jennie Newmañ to enjoin a judgment against herself and another, rendered by the circuit court of Washington county, and for a new trial of the suit at law. The grounds relied on in the bill were that she was not legally bound for the debt upon which the judgment was founded that she was ill at the term of court at which it was rendered, and thereby unable to attend court; that she relied upon.her husband and her co-defendant, Martin, to protect her interest, and that they fraudulently colluded with the plaintiff in the-rendition of the judgment.
No proof of any…
2Cases cited1 opinion
- Carter, Welsh & Co. v. Lyman, Sears & Co.Mississippi Supreme Court · 1857
3Cited by4 opinions
- Board of Trade v. HaydenWashington Supreme Court · 1892
- Davis v. ChalfantCalifornia Supreme Court · 1889
- Abbott v. JacksonSupreme Court of Arkansas · 1884
- Brasfield v. FrenchMississippi Supreme Court · 1882