Legal Opinion

Adams v. Kyzer

Mississippi Supreme Court

Decided October 15, 1883PublishedCited by 5 opinions

Appeal from the Chancery Court of Lincoln County. Hon. L. McLaurin, Chancellor. Notice was served on the complainants that a motion to dissolve an injunction in a cause pending in the tenth judicial district would be heard before the Chancellor of the said tenth district, at the city of Jackson, which is in the ninth judicial district, and the motion was accordingly' so heard and sustained.

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Appeal from the Chancery Court of Lincoln County. Hon. L. McLaurin, Chancellor. Notice was served on the complainants that a motion to dissolve an injunction in a cause pending in the tenth judicial district would be heard before the Chancellor of the said tenth district, at the city of Jackson, which is in the ninth judicial district, and the motion was accordingly' so heard and sustained. From this action of the Chancellor an appeal is taken to this court. ' The action of Chancellor was, as he thought, in pursuance of an agreement of counsel in the case, that the question of jurisdiction…

1Opinion of the CourtCampbell, C. J.

It was erroneous to hear the motion to dissolve the injunction and sustain it at a place out of the district in which the suit was pending. Chancellors are appointed for chancery districts, and *409are confined to them in the performance of judicial acts, except as authorized by law, and we are not aware of any law providing for hearing a motion to dissolve an injunction outside of the district in which the cause is pending.

Decree revised and cause remanded.

2Cited by5 opinions

  1. Carpenter v. CarpenterSupreme Court of New Hampshire · 1917
  2. Cashin v. MurphyMississippi Supreme Court · 1923
  3. Corporate Management, Inc. v. Greene Rural Health Center Board of TrusteesMississippi Supreme Court · 2010
  4. Simmons v. Hopson's Bayou Drainage DistrictMississippi Supreme Court · 1916
  5. Corporate Management, Inc. v. Greene Rural Health CenterMississippi Supreme Court · 2009

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