Kibble v. Butler
Mississippi Supreme Court
In error from the northern district chancery court at Holly Springs; Hon. Henry Dickinson, vice-chancellor. The opinion of the court contains a statement of the facts of the case. For former decision of the same case, see 14 S. & M. 207. , Contended that the foundation of the whole proceeding is void; it being against a feme covert in which her husband was not joined, and cited Hutch.
Read the full summary
In error from the northern district chancery court at Holly Springs; Hon. Henry Dickinson, vice-chancellor. The opinion of the court contains a statement of the facts of the case. For former decision of the same case, see 14 S. & M. 207. , Contended that the foundation of the whole proceeding is void; it being against a feme covert in which her husband was not joined, and cited Hutch. Co. 498, § 5; Clancy on H. & W. 23 ; 6 Term R. 604; 7 S. & M. 69; 2 Kent, 149; 6 How. 125 ; lb. 296; 12 S. & M. 469; 4 Peters, 474; 11 Wend. 652; 6 How. 113; 1 Ired. 482; 10 N. H. 444; 1 U. 'S. (Sup.) Dig. 644;…
1Opinion of the Court
Mi\ Justice Fisher
delivered the opinion of the court.
The object of this bill in the court below was to enjoin a judgment rendered by this court at its November term, 1850. The court below sustained a demurrer to the bill, and dismissed-the same; from which judgment the present writ of error has been prosecuted.
The facts are briefly these: The defendant Butler had recovered a judgment in the circuit court of Marshall county, against Humphrey W. Kibble, the husband of the complainant, Nancy J. Kibble; and execution was issued on this judgment, and was levied by the sheriff on the 15th of…
2Cited by4 opinions
- Ben v. StateSupreme Court of Alabama · 1861
- Robinson v. WoodfordWest Virginia Supreme Court · 1892
- Kirkpatrick v. MunnMississippi Supreme Court · 1965
- National Surety Co. v. CommonwealthSupreme Court of Virginia · 1919