Henderson, Terry & Co. v. Thornton
Mississippi Supreme Court
Error to the Chancery Court of Monroe county. Hon. Joel M. Acker, chancellor. The only ground for vacating the judgments of the Circuit Court, as stated in the bill, is that the plaintiffs in error, Henderson, Terry & Co., sued out their attachment before the bill was due, and that when the bill fell due, Henderson, Terry & Co. were under suspension.
Read the full summary
Error to the Chancery Court of Monroe county. Hon. Joel M. Acker, chancellor. The only ground for vacating the judgments of the Circuit Court, as stated in the bill, is that the plaintiffs in error, Henderson, Terry & Co., sued out their attachment before the bill was due, and that when the bill fell due, Henderson, Terry & Co. were under suspension. The hill does not state that Henderson, Terry & Co. had not paid the bill, and were not the holders thereof at the time they sued out their attachment. All the facts stated in. the bill might be true, and still we were entitled to our money. An…
1Opinion of the CourtHandy, J.
This bill was filed by the defendants in error, for the purpose' of enjoining the payment of a fund in the hands of the sheriff of Monroe, the proceeds of the sale of property levied upon under attachments issued by the plaintiffs in error, and also by the defendants in error against one Brown, upon which judgments were rendered and executions issued, and the property sold ; the object of the bill being to prevent the payment of the proceeds of the sale to the judgment of the plaintiffs in error, and to have the money applied to the judgments of the defendants in error.
The bill states, in…
2Cited by12 opinions
- Kildare Lumber Co. v. Atlanta BankTexas Supreme Court · 1897
- Loughridge v. BowlandMississippi Supreme Court · 1876
- Atlas National Bank v. MoreIllinois Supreme Court · 1894
- Christian & Gunn v. KeenSupreme Court of Virginia · 1885
- Jones v. MoodyMississippi Supreme Court · 1881
7 more not listed; retrieve them via the Exa API.