Legal Opinion

Harrison v. Balfour

Mississippi Supreme Court

Decided November 15, 1845PublishedCited by 1 opinion

In error from the circuit court of Yalabusha county, Hon* B. F. Caruthers, judge. John Balfour sued Jeremiah T. Talbert, Richard Hodges, Sterling Harrison, Hillary Talbert, Nathaniel Howard, Benjamin Williams, and Landin C. Maclin, as obligors in an injunction bond, executed to obtain an injunction at law.

Read the full summary

In error from the circuit court of Yalabusha county, Hon* B. F. Caruthers, judge. John Balfour sued Jeremiah T. Talbert, Richard Hodges, Sterling Harrison, Hillary Talbert, Nathaniel Howard, Benjamin Williams, and Landin C. Maclin, as obligors in an injunction bond, executed to obtain an injunction at law. The condition of the bond was as follows: “ The condition of the above obligation is such, that whereas the above bound Jeremiah T. Talbert, Richard Hodges, Sterling Harrison, Nathaniel Howard, and Hillary Talbert, have obtained from the honorable David D. Shaltuck, judge of the second…

1Opinion of the CourtChief Justice Sharkey

This action was brought by the defendant in error against the plaintiffs in error, on a bond given by them to enjoin a judgment at law. The defendants pleaded four pleas, all predicated on the ground that no execution had been issued and *307returned on the judgment at law, since the dissolution of the injunction. The last plea avers that an execution did issue, and that a forthcoming bond was given and forfeited, and that the judgment was thereby satisfied. This was done, however, after action brought, as appears from the dates in the plea. The pleas seemed to have been pleaded on the…

2Cases cited1 opinion

  1. Sterling v. SherwoodNew York Supreme Court · 1822

3Cited by1 opinion

  1. Stull Bros. v. BeddeoNebraska Supreme Court · 1907

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API