A. A. Posey & Bro. v. Maddox
Mississippi Supreme Court
Appeal from the Chancery Court of Monroe County. Hon. Baxter McFarland, Chancellor. A. A. Posey & Bro. exhibited this bill in equity against C. M. Maddox, George C. Paine, and Andy Wood.
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Appeal from the Chancery Court of Monroe County. Hon. Baxter McFarland, Chancellor. A. A. Posey & Bro. exhibited this bill in equity against C. M. Maddox, George C. Paine, and Andy Wood. The bill set out that on Jan. 18,1881, Posey & Bro. sued out an attachment against C. M. Maddox; that issue was joined on said attachment upon a plea in abatement; that in May, 1881, the plaintiffs dismissed said attachment, and thereupon a jury, on a writ of inquiry, assessed the damages for such suing out of this attachment at $104; that a judgment for that amount was rendered against Posey & Bro. in favor…
1Opinion of the CourtCampbell, J.
*197The demurrer should have been overruled. The act entitled “An Act relating to damages in attachment cases,” approved March 11, 1884, Acts, p. 16, has no effect on the principles of set-off, as administered in chancery courts. Notwithstanding that act, a court of chancery will decree a set-off where, on principles of equity, it should be done. The bill presents a case for the interposition of a court of chancery.
Reversed, demurrer overruled and cause remanded, with leave to answer in thirty days from the filing of the mandate herein ■in the Chancery Court.
2Cited by4 opinions
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