McBride v. State Revenue Agent
Mississippi Supreme Court
From the chancery court of the first district of Carroll couuty. Hon. T. B. G-raham, Chancellor. The case is stated in the opinion. The jurisdiction of the circuit court was first invoked by one of the appellees. That jurisdiction cannotnowbe ousted by a resort to equity, even though the relief prayed be peculiar to equity. 1 Pom. Eq. Jur., § 179, and cases cited. Trial by a jury is a constitutional right, and will be protected.
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From the chancery court of the first district of Carroll couuty. Hon. T. B. G-raham, Chancellor. The case is stated in the opinion. The jurisdiction of the circuit court was first invoked by one of the appellees. That jurisdiction cannotnowbe ousted by a resort to equity, even though the relief prayed be peculiar to equity. 1 Pom. Eq. Jur., § 179, and cases cited. Trial by a jury is a constitutional right, and will be protected. Section 503, code 1892, does not alter or enlarge the jurisdiction of chancery courts, except where creditors are permitted to file bills before obtaining judgment.…
1Opinion of the CourtCooper, J.
Certain creditors of the firm of McBride & Co., and'Wirt Adams, revenue agent of the state, exhibited their bill in the chancery court of Carroll county against the members of said firm and against S. L. McBride, E. S. Tusten, Feavy & Harris and Mrs. M. C. Hamilton, attaching creditors of McBride & Co., and against J. S. McCain, the sheriff' of the county of Carrol], who has in his possession the property of said firm, seized under said attachments. The averments of the bill are that McBride & Co. were indebted to the complainants, other than the revenue agent, in certain sums, and were…
2Cases cited3 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Cogburn v. PollockMississippi Supreme Court · 1877
3Cited by4 opinions
- Hodge v. Muscatine CountySupreme Court of Iowa · 1903
- Thome v. LynchDistrict Court, D. Minnesota · 1921
- Clark v. AdamsMississippi Supreme Court · 1902
- George County Bridge Co. v. CatlettMississippi Supreme Court · 1931