Carter, Welsh & Co. v. Lyman, Sears & Co.
Mississippi Supreme Court
In error to the Chancery Court of Kemper county. Hon. William L. Harris, chancellor. Carter, Welsh, & Bevill filed their bill in the court below, to obtain a new trial at law, in a certain cause, wherein Lyman, Sears & Co. had obtained a judgment against them, in the Circuit Court of Kemper County, for about $700. The bill charged, that said Lyman, Sears & Co. commenced an action against them to Term of court, A.D. 1854, to recover the amount of a promissory note, made by…
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In error to the Chancery Court of Kemper county. Hon. William L. Harris, chancellor. Carter, Welsh, & Bevill filed their bill in the court below, to obtain a new trial at law, in a certain cause, wherein Lyman, Sears & Co. had obtained a judgment against them, in the Circuit Court of Kemper County, for about $700. The bill charged, that said Lyman, Sears & Co. commenced an action against them to Term of court, A.D. 1854, to recover the amount of a promissory note, made by the complainants; that only one of them was served with process to that term of the court; that an alias summons was'…
1Opinion of the CourtFisher, J.
The object of this bill was to enjoin the defendants in error from enforcing a judgment which they had recovered against the plaintiffs in error, and to obtain a new trial at law in the same case.
The bill avers that the complainants “ are of opinion” that the note upon which the judgment was obtained, was altered after it was executed, by changing the place of payment from New Orleans to Mobile. This averment is too vague and indefinite, even if confessed, to authorize a decree. But, aside from this objection, the alteration, as viewed by a court of equity, would affect only the interest…
2Cited by2 opinions
- Newman v. MorrisMississippi Supreme Court · 1876
- Harper v. LaceyMississippi Supreme Court · 1884