Hopkins v. Drake
Mississippi Supreme Court
Appeal from the chancery court of Claiborne county. Smiley, J., The facts appear in the opinion of the court. The following are the errors assigned: 1st. The chancellor erred in dissolving the injunction for want of equity on the face of the hill. 2d.
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Appeal from the chancery court of Claiborne county. Smiley, J., The facts appear in the opinion of the court. The following are the errors assigned: 1st. The chancellor erred in dissolving the injunction for want of equity on the face of the hill. 2d. Hopkins, not being a party defendant to Drake’s re-plevin suit, could not get into court to defend and protect the levy of his attachment; could not compel Smith to defend the replevin suit, and being without remedy at law, was forced into equity to preserve his rights, and the court below erred in not so doing. 2d. Hopkins’ attachment was…
1Opinion of the Court
Peytoh, C. J.:
This suit was instituted in the chancery court of Claiborne county to enjoin the prosecution of an action of replevin in the county court of said county.
The bill alleges that Martin O. TIopkins brought suit in equity against. David IT. Beasley, for an account and settlement of a partnership business between them, in which it is alleged that the said Beasley was indebted to the complainant, Hopkins, in the sum of $440 89 ; and that during the pendency of said suit, the complainant on the 13th day of November, 1868, sued out a writ of attachment, which was *622levied by the officer,…
2Cases cited1 opinion
- Yarborough v. HarperMississippi Supreme Court · 1852
3Cited by2 opinions
- Ross v. HawthorneMississippi Supreme Court · 1878
- Foxworth v. MageeMississippi Supreme Court · 1873