Strong v. Harrison
Mississippi Supreme Court
Appeal from tbe Chancery Court of Yazoo County. Hon. E. Gr. Peyton, Chancellor. The bill in this case was filed on the 3d day of March, 1884, by Mary Day Strong and others against Sim. Harrison, sheriff, and others. The prayer of the bill was for an injunction prohibiting Harrison, as sheriff, to sell under executions held by him certain lands described in the bill, for an account to ascertain the amounts due on the executions, and for general relief.
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Appeal from tbe Chancery Court of Yazoo County. Hon. E. Gr. Peyton, Chancellor. The bill in this case was filed on the 3d day of March, 1884, by Mary Day Strong and others against Sim. Harrison, sheriff, and others. The prayer of the bill was for an injunction prohibiting Harrison, as sheriff, to sell under executions held by him certain lands described in the bill, for an account to ascertain the amounts due on the executions, and for general relief. The Chancellor granted a temporary injunction. On the 15th day of March, two of the defendants filed a joint answer to the bill. Upon a motion…
1Opinion of the CourtCooper, J.
It was error to dismiss the bill on the motion to dissolve the injunction. Maury v. Smith, 46 Miss. 81.
The motion to dissolve was heard in term time more than five days after the answer had been filed, and as the motion does not appear in the record we are unable to say that it had not been on the docket three days preceding the hearing — in such cases no notice is necessary. Code of 1880, § 1914. *
The objection of appellants that there was no evidence introduced authorizing the claim for attorney’s fees is not well taken. The testimony may have been oral, and in support of the decree we must…
2Cases cited1 opinion
- Maury v. SmithMississippi Supreme Court · 1871
3Cited by1 opinion
- Staple Cotton Co-Op. Ass'n. v. BorodofskyMississippi Supreme Court · 1925