Sheffield v. Friedberg
Mississippi Supreme Court
From the chancery court of, second district, Bolivar county. Hon. Cary C. Moody, Chancellor. Mrs. Friedberg and others, appellees, were complainants in the court below; Sheffield, appellant, was defendant there. From a final decree, predicated of a pro confesso, the defendant appealed to the supreme court.
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From the chancery court of, second district, Bolivar county. Hon. Cary C. Moody, Chancellor. Mrs. Friedberg and others, appellees, were complainants in the court below; Sheffield, appellant, was defendant there. From a final decree, predicated of a pro confesso, the defendant appealed to the supreme court. The bill alleged that complainant was the real owner of certain lands described in the bill, and that Sheffield had no right or claim whatever to the land, but that, without the consent of complainant, he willfully, knowingly, and without authority from complainant, entered upon the land,…
1Opinion of the CourtTruly, J.
The decree pro confesso was improperly taken. Sec. 916, Code 1892, provides that when an injunction is issued the fiat of the judge or chancellor granting the same “shall authorize the issuance of the process or writ returnable to the proper court or before the prouer officer.” In the instant case the fiat of the circuit judge granting the injunction did authorize the issuance of the necessary process, and ordered the same to be made returnable before the chancery court having jurisdiction ; but none was issued, other than the writ of injunction, and that gave no notice of the claim for…
2Cases cited1 opinion
- Joiner v. Delta BankMississippi Supreme Court · 1893
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- Gulf & S. I. R. Co. v. F. L. Riley Mercantile Co.Mississippi Supreme Court · 1925