Legal Opinion

Boone v. Poindexter

Mississippi Supreme Court

Decided January 15, 1849PublishedCited by 2 opinions

In error from the district chancery court at Fulton; Hon. Henry Dickinson, vice-chancellor. Reuben H. Boone and Charles W. Williams filed their bill for an injunction against a judgment at law confessed by Boone, on which the bill alleges Williams “is only liable as security in a writ of error.”

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In error from the district chancery court at Fulton; Hon. Henry Dickinson, vice-chancellor. Reuben H. Boone and Charles W. Williams filed their bill for an injunction against a judgment at law confessed by Boone, on which the bill alleges Williams “is only liable as security in a writ of error.” The pleadings and proof as to the merits of the controversy involve nothing but questions of fact, and are so fully reviewed in the opinion, as to make it unnecessary to repeat or state them here. The vice-chancellor dismissed the bill, and Boone sued out this writ of error. The cause was submitted…

1Opinion of the CourtChief Justice Sharkey

This bill was filed by the appellant to enjoin a judgment at law. It was decided at last January term, but on petition for that purpose a re-argument was granted. It has been again argued, mainly on questions of law, without reference to the merits of the case, as disclosed by the bill. But the complainant is entitled to a decision on the merits of the bill, and the substance is therefore carefully extracted.

It appears by the bill, that the complainant was for a time in partnership, in the mercantile business, with one James H. Stone. That firm was dissolved and another formed, composed of…

2Cited by2 opinions

  1. Ellis v. NilsonNebraska Supreme Court · 1934
  2. Avant v. StateMississippi Supreme Court · 1893

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