Jones v. Jones
Mississippi Supreme Court
From the chancery court of Washington county. Hon. A. Mo. Kimbrough, Chancellor. This proceeding was begun by the appellant, C. J. Jones, by bill in equity, to recover of the appellees, E. P. Jones and Jordan Wynn, §10,000.damages, because of an assault and battery committed by them upon him, and to set aside certain conveyances made by them to the other appellees as fraudulent, the same having been made, as complainant alleges, without consideration and for the express…
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From the chancery court of Washington county. Hon. A. Mo. Kimbrough, Chancellor. This proceeding was begun by the appellant, C. J. Jones, by bill in equity, to recover of the appellees, E. P. Jones and Jordan Wynn, §10,000.damages, because of an assault and battery committed by them upon him, and to set aside certain conveyances made by them to the other appellees as fraudulent, the same having been made, as complainant alleges, without consideration and for the express purpose of defeating his claim for damages. The complainant and all of the defendants were shown by the bill to be residents…
1Opinion of the Court
Whitfield, C. J,,
delivered the opinion of the court.
The case of Gordon v. Warfield, 74 Miss., 553 (21 So. Rep., 151), rests on the ground that the defendant therein was a nonresident, and no remedy existed by reason of such non-residence otherwise than as prayed in the bill therein. These parties are all residents of Washington county. It was never *266within the contemplation of the statutes invoked by appellant to authorize chancery courts to take cognizance of a suit for unliquidated damages arising out of a tort, before there has been any judgment at law ascertaining the damages, the…
2Cases cited1 opinion
- Gordon v. WarfieldMississippi Supreme Court · 1896
3Cited by6 opinions
- Dowling v. GarnerSupreme Court of Alabama · 1915
- Spitzer v. BarnhillSupreme Court of Arkansas · 1964
- Gorchik v. GorchikCourt of Appeals of Arkansas · 1984
- Allred v. NesmithMississippi Supreme Court · 1963
- Rankin v. FordMississippi Supreme Court · 1931
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