Legal Opinion

Fronkling v. Berry

Mississippi Supreme Court

Decided March 15, 1921No. 21470PublishedCited by 3 opinions

Appeal from circuit court of Coaboma county. Hon. W. A. Alcorn, Jr., Judge. Action by Willis Fronkling against Mary C. Berry. .Judgment for defendant, and plaintiff appeals. The right of an alien enemy to defend a suit has never, so far as we have been able to find, been questioned by any court of last resort. We refer the court to the authorities collated under paragraph B, styled “Right to Defend,” Ann.

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Appeal from circuit court of Coaboma county. Hon. W. A. Alcorn, Jr., Judge. Action by Willis Fronkling against Mary C. Berry. .Judgment for defendant, and plaintiff appeals. The right of an alien enemy to defend a suit has never, so far as we have been able to find, been questioned by any court of last resort. We refer the court to the authorities collated under paragraph B, styled “Right to Defend,” Ann. Cas. 1917C, page 211. We set out here an extract from one of the opinions cited there, this extract being also here quoted: “To allow an action against an alien enemy to, proceed and to…

1Opinion of the Court

W. H. Cook, J..,

delivered the opinion of the court.

The defendant, Mrs. Mary C. Berry sued out a distress for rent against the plaintiff, Willis Fronkling, seeking to recover rent alleged to be due and in arrears by virtue of a verbal lease of certain lands for a term commencing in 1916 and ending with the close of the year 1918, and in her affidavit she claimed a lien upon certain agricultural products for the sum of three hundred dollars, the amount of rent due for the year 1918. Subsequently the plaintiff, appellant here, in the manner provided by statute, instituted his replevin suit in…

2Cases cited6 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. McVeigh v. United StatesSupreme Court of the United States · 1871
  3. Washington v. SoriaMississippi Supreme Court · 1896
  4. Clarke v. MoreyNew York Supreme Court · 1813
  5. Duff v. SniderMississippi Supreme Court · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hoerner v. First National Bank of JacksonMississippi Supreme Court · 1971
  2. Singletary v. GinnMississippi Supreme Court · 1929
  3. Pountaine v. FletcherMississippi Supreme Court · 1930

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