Stewart v. Brooks
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. On the 26th of July, 1883, H. H. Brooks filed the bill in this cause to obtain an injunction against the execution of a judgment recovered against him on the 8th of September, 1876, by Jennie B. Foster, now Jennie B. Stewart, and E. L. S. P. E. Kirksey, on the ground that complainant had no notice, actual or constructive, of the pendency of the suit before rendition of the judgment therein…
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Appeal from the Chancery Court of Noxubee County. Hon. F. A. Critz, Chancellor. On the 26th of July, 1883, H. H. Brooks filed the bill in this cause to obtain an injunction against the execution of a judgment recovered against him on the 8th of September, 1876, by Jennie B. Foster, now Jennie B. Stewart, and E. L. S. P. E. Kirksey, on the ground that complainant had no notice, actual or constructive, of the pendency of the suit before rendition of the judgment therein against him. The defendants answered, proof was taken, and on final hearing a decree was rendered perpetually enjoining the…
1Opinion of the CourtCooper, J.
There is no allegation in the bill that the notes upon which the judgment at law was founded have been paid, nor are any facts stated from which it appears that any other result would follow than a judgment in favor of the appellants if a new trial is had at law. In the absence of such statements in the bill, the weight of authority is that a court of equity will not cancel the judgment at law even though it was rendered without notice to the defendant. One who seeks the interposition of a court of equity to enjoin the execution of a judgment at law must show not only the existence of those…
2Cases cited4 opinions
- Gregory v. FordCalifornia Supreme Court · 1859
- Secor v. WoodwardSupreme Court of Alabama · 1845
- Gardner v. JenkinsCourt of Appeals of Maryland · 1859
- Mast v. WellsSupreme Court of Iowa · 1899
3Cited by7 opinions
- Massachusetts Benefit Life Ass'n v. LohmillerCourt of Appeals for the Seventh Circuit · 1896
- Newman v. TaylorMississippi Supreme Court · 1892
- Meyer v. WilsonIndiana Supreme Court · 1906
- Walker-Durr Co. v. MitchellMississippi Supreme Court · 1910
- Catlett v. DrummondMississippi Supreme Court · 1917
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