Smiley v. Meyer, Weis & Co.
Mississippi Supreme Court
Appeal from the Chancery Court of Jefferson County. Hon. Thos. T. Berry, Chancellor. Simon Lehman and E. E. Smiley were doing business in, the name of Lehman & Smiley, agents, and in that character gave their promissory note to Meyer, Weis & Co. The note-not being paid at maturity, the payees brought an action thereon in the Circuit Court, and recovered judgment against Lehman & Smiley, agents, and as individuals.
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Appeal from the Chancery Court of Jefferson County. Hon. Thos. T. Berry, Chancellor. Simon Lehman and E. E. Smiley were doing business in, the name of Lehman & Smiley, agents, and in that character gave their promissory note to Meyer, Weis & Co. The note-not being paid at maturity, the payees brought an action thereon in the Circuit Court, and recovered judgment against Lehman & Smiley, agents, and as individuals. Upon this-judgment an execution was issued, and returned nulla bona. Thereupon the appellees filed their bill to subject the property of Sarah E. Smilejr, ivife of E. E. Smiley, to…
1Opinion of the Court
Campbell, J.,
delivered the opiiuion of the court.
The judgment described in the bill is not against Mrs. Smiley, and her piroperty cannot be reached by it; and unless the court of chancery has jurisdiction of the demand against her, as a contract made by her in the course of trade and business as a feme sole, under section 1780 of the Code, the *557bill is not maintainable, the remedy of the creditor being in a court of law. The statute does not confer jurisdiction on courts of chancery in such cases, and, before the statute, that court did not have such jurisdiction, because the power of married…
2Cited by1 opinion
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