New Orleans, Jackson & Great Northern Railroad v. Mississippi College
Mississippi Supreme Court
Appeal from the chancery court of Hinds county, 1st district. Cabaniss, Chancellor. The following are the errors assigned: 1. The court below erred in decreeing that the appellant should issue bonds in lieu of those alleged to be lost or destroyed. 2. The proof does not establish the fact of loss or destruction. 3.' The bond taken by the court below for indemnity is not sufficient in amount.
1Opinion of the Court
Peyton, C. J.:
This is an appeal from a decree of the chancery court of Hinds county, requiring the appellant to re-issue to the appellee four first-class mortgage bonds, numbered respectively 1149, 1150,1151 and 1152, with coupons of interest atttached, payable semi-annually, from the 1st day of January, 1863, instead of four first-class mortgage bonds, issued by appellant in September, 1857, to James Roach, treasurer of the appellee, which have since been lost or destroyed, and to pay the appellee the interest accrued thereon, and enjoining thé appellant from paying first-class mortgage…
2Cases cited2 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Mercer County v. HacketSupreme Court of the United States · 1864
3Cited by6 opinions
- Cartright v. CartrightWest Virginia Supreme Court · 1912
- State Ex Rel. Lowentritt v. New Orleans Public Service, Inc.Supreme Court of Louisiana · 1927
- State ex rel. Sorensen v. Nebraska State Savings BankNebraska Supreme Court · 1934
- Goldman v. PageMississippi Supreme Court · 1882
- Sudler, Wegener & Co. v. Hillsdale Irrigation DistrictIdaho Supreme Court · 1942
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