Pearl v. Cortright
Mississippi Supreme Court
From the chancery court of Sharkey county. Hon. William C. Martin, Chancellor. Pearl, appellant, was complainant and Cartwright, appellee, was defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court. The question of jurisdiction was not raised in the court below, on the contrary defendant made his answer a cross bill and sought affirmative relief.
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From the chancery court of Sharkey county. Hon. William C. Martin, Chancellor. Pearl, appellant, was complainant and Cartwright, appellee, was defendant in the court below. From a decree in defendant’s favor the complainant appealed to the supreme court. The question of jurisdiction was not raised in the court below, on the contrary defendant made his answer a cross bill and sought affirmative relief. Of course the jurisdiction of the chancery court could not (constitution 1890, sec. 117) be raised in the supreme court. The facts are stated in the opinion of the court. The original…
1Opinion of the CourtTerral, J.
On the 1st day of February, 1897, B.. N.,Marriott was due Pearl a large sum of money, and Pearl then had a suit against him for some personal property mortgaged to him to secure said debt. In compromise and settlement of said suit Marriott agreed to make Pearl two notes of §200 each, payable, one on *306the 15th day of December, 1897, and the other on the 15th day of December, 1898, and to give as surety on said notes Ira A. Cortright, a merchant at Rolling-fork, who was then absent in New York, and until his return and signature thereto Marriott was to execute a mortgage or deed of trust on…
2Cases cited5 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- McNaught v. . McClaughryNew York Court of Appeals · 1870
- Clopton v. HallMississippi Supreme Court · 1875
- Polkinghorne v. HendricksMississippi Supreme Court · 1883
- State v. AllenMississippi Supreme Court · 1891
3Cited by6 opinions
- Hawkins v. ShieldsMississippi Supreme Court · 1911
- First Nat. Bank of Gulfport v. RauMississippi Supreme Court · 1927
- Devitt v. FosterMississippi Supreme Court · 1931
- Lindsay v. ParrottMississippi Supreme Court · 1914
- American Bonding Co. v. Progressive Permanent Building Loan & Savings Ass'nCourt of Appeals of Maryland · 1905
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