Ricks v. Richardson
Mississippi Supreme Court
From the chancery court of Yazoo county. Hon. H. C. Conn, Chancellor. Richardson sued Ricks in the circuit court, and, at the September term, 1891, recovered judgment against him for $2,000. Ricks made a motion to set aside the judgment, and the court entered an order overruling it. Afterwards, during the term, the defendant moved the court to set aside this order, again asking that the judgment by default be set aside for reasons stated.
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From the chancery court of Yazoo county. Hon. H. C. Conn, Chancellor. Richardson sued Ricks in the circuit court, and, at the September term, 1891, recovered judgment against him for $2,000. Ricks made a motion to set aside the judgment, and the court entered an order overruling it. Afterwards, during the term, the defendant moved the court to set aside this order, again asking that the judgment by default be set aside for reasons stated. This motion was continued generally, no order for a stay of execution being entered. Afterwards, in vacation, a written agreement of compromise was entered…
1Opinion of the CourtCampbell, C. J.
Apart from all other grounds, we are constrained to approve the action of the chancellor in dissolving the injunction as improvidently issued, because the complainant had a plain, adequate, complete, simple and appropriate remedy for the grievance complained of, by petition to the circuit *427-court for a supersedeas of the execution. Besides this, the very matter in dispute was pending in the circuit court, and, if this hill were sustained as properly brought, the spectacle might be presented of a decision of the same matter by two courts, with an appeal from each. As long as two separate courts…
2Cited by1 opinion
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