Anderson v. Newman
Mississippi Supreme Court
Appeal from the Chancery Court of Amite County. Hon. H. S. Van Eaton, Chancellor. On the thirteenth day of March, 1882, H. & C. Newman, commission and cotton brokers of New Orleans, La., exhibited this bill in the Chancery Court of Amite County, against T. N. L. Anderson, Jr., James Anderson, Mrs. J. E. Anderson, Mary J. Anderson, Laura M. Anderson, Hattie Anderson, Anna Dixon, her husband, J. H. Dixon, Julia Smylie and her husband, J. W. Smylie.
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Appeal from the Chancery Court of Amite County. Hon. H. S. Van Eaton, Chancellor. On the thirteenth day of March, 1882, H. & C. Newman, commission and cotton brokers of New Orleans, La., exhibited this bill in the Chancery Court of Amite County, against T. N. L. Anderson, Jr., James Anderson, Mrs. J. E. Anderson, Mary J. Anderson, Laura M. Anderson, Hattie Anderson, Anna Dixon, her husband, J. H. Dixon, Julia Smylie and her husband, J. W. Smylie. The bill charges that during the year 1881, the complainants, doing a general business as commission merchants and cotton factors, had made advances…
1Opinion of the CourtCooper, J.
The demurrer of T. N. L. and James A. Anderson was rightly overruled. They had answered the bill and could not, *536thereafter, and while said answer remained on file, interpose a demurrer. Story’s Eq. Pl., sect. 462.
Besides, the demurrer was not well taken. The sole ground of demurrer is, that by the bill it appears that the complainants had commenced proceedings at law for the recovery of the debt which is the foundation of the bill. This did not preclude them from prosecuting, at the same time, with the action at law, this bill to subject property fraudulently conveyed by the defendants.…
2Cases cited3 opinions
- Reedy v. ArmisteadMississippi Supreme Court · 1856
- Payne v. HarrellMississippi Supreme Court · 1866
- Speight v. PorterMississippi Supreme Court · 1853
3Cited by3 opinions
- F. W. Rosenthal & Co. v. EnevoldsenMississippi Supreme Court · 1884
- Mitchener v. RobinsMississippi Supreme Court · 1895
- McCoy v. J. I. Case Threshing Machine Co.Mississippi Supreme Court · 1916