Hale v. Bozeman
Mississippi Supreme Court
Appeal from the Chancery Court of Panola County. Hon. J. B. Morgan, Chancellor. I. D. Hall brought suit in a justice’s court against J. B. Bozeman for the sum of $116. Process was duly served on Bozeman, but before the day of trial it was agreed between the plaintiff and defendant that tlie case should be submitted to arbitration, and that the suit should await the result of the arbitration.
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Appeal from the Chancery Court of Panola County. Hon. J. B. Morgan, Chancellor. I. D. Hall brought suit in a justice’s court against J. B. Bozeman for the sum of $116. Process was duly served on Bozeman, but before the day of trial it was agreed between the plaintiff and defendant that tlie case should be submitted to arbitration, and that the suit should await the result of the arbitration. Before the arbitration had reached a result, the justice of the peace rendered a judgment by default for the full amount of the claim against the defendant. An execution was issued, and levied upon the…
1Opinion of the CourtCooper, J.
The appellee admits that a part of the sum for which the judgment was entered is justly due, and this amount he is not equitably entitled to restrain the appellant from collecting. It was error to perpetuate the injunction as to the whole debt. McReynolds v. Harshaw, 2 Ired. Eq. 29; Lewis v. Smith, 7 Beav. 470 ; Rodaban v. Driver, 23 Geo. 352 ; Welch v. Parran, 2 Gill, 320.
It is by no means clear on the record as it now appears, that *967the appellee is not indebted to the appellant in the full sum for which judgment was rendered. At most, the appellant should be required to retry his right to…
2Cases cited1 opinion
- Welch v. ParranCourt of Appeals of Maryland · 1844
3Cited by3 opinions
- Atwater v. American Exchange Nat. BankIllinois Supreme Court · 1894
- Newman v. TaylorMississippi Supreme Court · 1892
- Hunter v. BennettMississippi Supreme Court · 1928