Legal Opinion

Miller v. McDougall

Mississippi Supreme Court

Decided October 15, 1870PublishedCited by 4 opinions

Appeal from tlie chancery court of Sunflower county. COTHRAN, J. 'The facts are fully set out in the opinion of the court. Appellant assigns the following errors : 1st. Said decree is improper, in this, that the court below erred in sustaining the motion to dissolve the injunction granted at the filing of the original bill; said motion should have been overruled, and the relief granted which is prayed for in the original bill. 2d.

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Appeal from tlie chancery court of Sunflower county. COTHRAN, J. 'The facts are fully set out in the opinion of the court. Appellant assigns the following errors : 1st. Said decree is improper, in this, that the court below erred in sustaining the motion to dissolve the injunction granted at the filing of the original bill; said motion should have been overruled, and the relief granted which is prayed for in the original bill. 2d. The answer to the injunction bill was not sworn to according to law, and should not have been admitted to the files. 3d. The answer to the original bill does not…

1Opinion of the Court

Tabbell, J.:

Caroline C. Miller, and Thaddeus Miller, her husband, of the county of Sunflower, in 1869, filed in the chancery court of said county their bill of complaint against John Mc-Dougall, William M. Gwin, jr., and F. S. Hunt, -charging in substance as follows :

At the August term, 1867, of the chancery court of said county, John McDougall recovered a decree against Washington J. Smith for $1,182, for part of the purchase money due from Smith on land situated in said count}''and described in the bill. At the February term, 1 868, of said court, William M. Gwin, jr., obtained a decree…

2Cases cited3 opinions

  1. Alexander v. GhiselinCourt of Appeals of Maryland · 1847
  2. Coffee v. NewsomSupreme Court of Georgia · 1850
  3. Hooker v. AustinMississippi Supreme Court · 1868

3Cited by4 opinions

  1. Lake Shore & M. S. Ry. Co. v. FeltonCourt of Appeals for the Sixth Circuit · 1900
  2. Coleman v. HudspethMississippi Supreme Court · 1873
  3. Richardson v. LightcapMississippi Supreme Court · 1876
  4. Smith v. HarringtonMississippi Supreme Court · 1874

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