Gum Carbo Co. v. New Orleans German Gazette
Mississippi Supreme Court
From the chancery court of Harrison county. ITon. Tiiaddeus A. Wood, Chancellor. The Gum Carbo Company, a corporation, the appellant, was the complainant in the court below, and the New Orleans German Gazette, a corporation, the appellee, and the sheriff of Harrison county were defendants there. From a decree sustaining a demurrer of the defendant corporation to complainant’s bill and dismissing the bill complainant appealed to the supreme court.
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From the chancery court of Harrison county. ITon. Tiiaddeus A. Wood, Chancellor. The Gum Carbo Company, a corporation, the appellant, was the complainant in the court below, and the New Orleans German Gazette, a corporation, the appellee, and the sheriff of Harrison county were defendants there. From a decree sustaining a demurrer of the defendant corporation to complainant’s bill and dismissing the bill complainant appealed to the supreme court. The appellant, the Gum Garbo Company, sued out an injunction against the appellee, the New Orleans German Gazette, and against the sheriff of…
1Opinion of the CourtMayes, J.
We can find no error in the chancellor’s ruling sustain*181ing the demurrer, dissolving the injunction, and dismissing the bill filed in this case. There is nothing in the record which presents any ground for equitable relief. By the exercise of the most .ordinary diligence appellant could have relieved itself from the error alleged to have been committed by the justice of the peace in entering the judgment. Its own negligence forms the only basis for its resort to the chancery court for relief, and, this being the case, it has no standing in a court of equity. TIad it exercised proper diligence,…
2Cases cited5 opinions
- M. Hiller & Co. v. J. R. Cotton & Co.Mississippi Supreme Court · 1873
- Bruner v. Planters BankMississippi Supreme Court · 1852
- Hassam v. DayMississippi Supreme Court · 1860
- Fleming v. Nunn & AndersonMississippi Supreme Court · 1884
- Hamilton v. MooreMississippi Supreme Court · 1856
3Cited by2 opinions
- Young v. StateMississippi Supreme Court · 1957
- Dibert v. DurhamMississippi Supreme Court · 1917