Newman v. Taylor
Mississippi Supreme Court
From the chancery court of Issaquena county. Hon. W. R. Triso, Chancellor. Appellee, Walter W. Taylor, filed this bill, in 1887, to vacate a judgment by default, rendered in 1884 at the return-term, against him in the circuit court of Issaquena county, in favor of appellants, H. & C. Newman, for $2,292.47. The bill alleges that the judgment is void, because there was no service of summons on complainant, the defendant in'said action; that he had no notice of any kind of the…
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From the chancery court of Issaquena county. Hon. W. R. Triso, Chancellor. Appellee, Walter W. Taylor, filed this bill, in 1887, to vacate a judgment by default, rendered in 1884 at the return-term, against him in the circuit court of Issaquena county, in favor of appellants, H. & C. Newman, for $2,292.47. The bill alleges that the judgment is void, because there was no service of summons on complainant, the defendant in'said action; that he had no notice of any kind of the pendency of the action, and did not appear; that, before said' suit was brought, he had fully paid and satisfied the…
1Opinion of the CourtCooper, J.
The appellee, against whom a judgment at law had been rendered without notice, could have secured relief by motion in the law court, upon the trial of which it would only have devolved on him to show that no service of process had been made on him. Meyer Brothers v. Whitehead, 62 Miss., 387.
Instead of resorting to the court of law, he has applied to chancery for relief, and, being in a court of equity, finds *673himself subjected to the operation of the equitable maxim that “he who'seeks equity must do equity,” by reason of which, it was incumbent on him to show not only that the judgment at law…
2Cases cited3 opinions
- Meyer Bros. v. WhiteheadMississippi Supreme Court · 1884
- Stewart v. BrooksMississippi Supreme Court · 1885
- Hale v. BozemanMississippi Supreme Court · 1883
3Cited by18 opinions
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Burnett v. BassMississippi Supreme Court · 1929
- Bernhard v. Idaho Bank & Trust Co.Idaho Supreme Court · 1912
- Brandt v. LittleWashington Supreme Court · 1907
- Meyer v. WilsonIndiana Supreme Court · 1906
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