Smith v. Frank Gardner Hardware Co.
Mississippi Supreme Court
From the chancery court of Jones county. IioN. Stone DeavouRS, Chancellor. Smith, appellant, was complainant in the court below; the hardware company, appellee, was defendant there. From a decree dismissing the bill of complaint and denying complainant all relief, he appealed to the supreme court.
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From the chancery court of Jones county. IioN. Stone DeavouRS, Chancellor. Smith, appellant, was complainant in the court below; the hardware company, appellee, was defendant there. From a decree dismissing the bill of complaint and denying complainant all relief, he appealed to the supreme court. The appellee company filed its petition in a justice of the peace court against one Ingram, a contractor, and appellant, Smith, the owner, to enforce a lien for certain material furnished Ingram. The petition does not aver Smith owed Ingram anything at the time notice was given to him. Ingram did…
1Opinion of the CourtTruly, J.
The judgment by default, taken in the court of the justice of the peace against N. B. Smith, even if regularly taken, was ab*656solutely void. The petition filed by appellee in that court, assuming it to be fully sustained by proof, shows no legal ground for recovery against Smith. There is no definite averment that •Smith personally, was legally or morally obligated to pay for any of the goods bought by Ingram, and the petition does not charge that he, at the date of the notice to him by appellee, was indebted in any sum to Ingram. There wa.s no sufficient showing in this petition to put in…
2Cases cited1 opinion
- Bradstreet Co. v. City of JacksonMississippi Supreme Court · 1902
3Cited by2 opinions
- Penn Mutual Life Insurance v. KeetonMississippi Supreme Court · 1909
- Cummings v. DavisCourt of Appeals of Mississippi · 1999