Pyle v. Gentry
Mississippi Supreme Court
Appeal from chancery court of Pontotoc county. Hon. A. J. McIntyre, Chancellor. Bill by J. T. Gentry and others against T. L. Pyle. Temporary injunction was issued, and the cause heard on demurrer and motion to dissolve, both of which were overruled, and defendant appeals.
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Appeal from chancery court of Pontotoc county. Hon. A. J. McIntyre, Chancellor. Bill by J. T. Gentry and others against T. L. Pyle. Temporary injunction was issued, and the cause heard on demurrer and motion to dissolve, both of which were overruled, and defendant appeals. The court erred in overruling appellant’s demurrer. . It is settled law that a court of equity will not give relief against a judgment at law where the remedy at law was fully adequate and unembarrassed, unless for some reason which prevented a defense at law without negligence on defendant’s part. Thomas v. Phillips, 4 S.…
1Opinion of the CourtSmith, C. J.
This is an appeal to settle the principles of the case from a decree overruling a demurrer and dissolving an injunction.
The bill of complaint filed by J. T. Gentry, H. H. Mc-Divitt, and Anna Leslie alleges, in substance, that Anna Leslie and her husband, now deceased, executed and delivered to J. T. Gentry their four promissory notes due and payable respectively as follows: The first for three hundred and fifteen dollars, due November 1, 1918; the second for two hundred ninety-two dollars and fifty cents, due November 1, 1914; the third for two hundred and seventy dollars, due November 1,…
2Cases cited3 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Mississippi Building & Loan Ass'n v. McElveenMississippi Supreme Court · 1911
- Maynard v. CockeMississippi Supreme Court · 1893
3Cited by1 opinion
- White House Lumber Co. v. DennyCourt of Appeals of Texas · 1934