Weems v. Vowell
Mississippi Supreme Court
Appeal from the chancery court of Winston county. Hon. A. T. Woodwar®, Chancellor. Suit to enjoin an execution by Mrs. M. E. Weems against certain defendants, in which J. W. Vowell was granted leave to intervene as a party, defendant. Decree dissolving the injunction and awarding damages thereon and finding for defendants and entering judgment against complainant and the sureties on her injunction bond, and she appeals.
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Appeal from the chancery court of Winston county. Hon. A. T. Woodwar®, Chancellor. Suit to enjoin an execution by Mrs. M. E. Weems against certain defendants, in which J. W. Vowell was granted leave to intervene as a party, defendant. Decree dissolving the injunction and awarding damages thereon and finding for defendants and entering judgment against complainant and the sureties on her injunction bond, and she appeals. A mere statement of the facts in this case is all that is necessary to justify a reversal of the case. The undisputed proof is that the appellant did not know1 of the suit of…
1Opinion of the CourtEthridge, J.
The appellant, Mrs. Weems, filed a bill in the chancery] court to enjoin the sheriff from executing an execution upon her property. She alleged in her bill that she had not authorized the use of her name as plaintiff in the suit upon which the judgment was rendered and the execution was issued, and that she ' was made a complainant therein without her knowledge or consent; that her first knowledge of such fact of being 'a party to the said cause, or that there was a judgment rendered against her, was when 'the sheriff appeared at her place with an execution. She further alleged that S.- C.…
2Cases cited11 opinions
- Shelton v. TiffinSupreme Court of the United States · 1848
- Aldrich v. KinneySupreme Court of Connecticut · 1822
- Horton v. HowardMichigan Supreme Court · 1890
- Wiley v. PrattIndiana Supreme Court · 1864
- Keith v. WilsonSupreme Court of Missouri · 1840
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3Cited by6 opinions
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- Lee v. CarrollLouisiana Court of Appeal · 1962
- Carr v. MillerMississippi Supreme Court · 1932
- City of Starkville v. ThompsonMississippi Supreme Court · 1972
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