Ware v. Allen
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN 'DISTRICT OF MISSISSIPPI. In equity. Decree dismissing the - bill. Complainant appealed. The ease is stated in the opinion. . Mr. Calderon Carlisle, with whom was Mr. Mareellus Green, for appellant, on the point that parol evidence was hot admissible to explain the instrument which formed the subject of . controversy, contended as follows: : • This defence is wholly inadmissible as a matter of law.
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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN 'DISTRICT OF MISSISSIPPI. In equity. Decree dismissing the - bill. Complainant appealed. The ease is stated in the opinion. . Mr. Calderon Carlisle, with whom was Mr. Mareellus Green, for appellant, on the point that parol evidence was hot admissible to explain the instrument which formed the subject of . controversy, contended as follows: : • This defence is wholly inadmissible as a matter of law. The'condition stipulated in "the written agreement is plain and unequivocal: “ Provided we are not defeated in the suit against…
1Opinion of the Court
Mr. J.ustioe Miller
delivered the opinion of the court.
■ This is an appeal fl’om the Circuit Court of the United States for the Southern District of Mississippi.
The suit was originally commenced in the Chancery Court of Copiah County, in that State, and its equity jurisdiction was based‘upon a statute of Mississippi authorizing attachments to be issued out of the Courts of Chancery. The case was removed into the Circuit Court of the United States by reason of the diverse citizenship of the parties, and no question was'made in that court with regard to the' right to proceed in it as a case in…
2Cases cited2 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
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