Condon v. Shehan
Mississippi Supreme Court
Appeal from tbe chancery court of Lauderdale county. Christian, Chancellor. Equity will not enjoin judgment at law, unless recovered by fraud, accident, etc. 2 Story’s Eq. Jur., §§ 896, 897, 898. See, also, Story’s Eq. Plead., §§ 782, 783, 784; see Moore et al. v. Barclay et al., 23 Ala. 742, and authorities cited; Rogers v. Bradford et al., 29 ib. 474. If the answer denies the material allegations of the bill, the injunction will be dissolved. See 3 Equity Lead.
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Appeal from tbe chancery court of Lauderdale county. Christian, Chancellor. Equity will not enjoin judgment at law, unless recovered by fraud, accident, etc. 2 Story’s Eq. Jur., §§ 896, 897, 898. See, also, Story’s Eq. Plead., §§ 782, 783, 784; see Moore et al. v. Barclay et al., 23 Ala. 742, and authorities cited; Rogers v. Bradford et al., 29 ib. 474. If the answer denies the material allegations of the bill, the injunction will be dissolved. See 3 Equity Lead. Cas. 202, 207. There must be a strong case of fraud or mistake. Hill, on Inj. 135, 218, 286, 241. The bill must set out the fraud…
1Opinion of the Court
Simkall, J. :
The relief sought by the complainant rests on this ground of equity: That the defendent, Condon, in September, 1870, commenced a suit before E. L. Bramlette, Esq., justice of the peace, against him, which, in the following November, was consummated into a judgment; that afterward, in December of the samé year, Condon became the debtor of the complainant in a larger .amount, by the assignment to him, by one L. Scully, of a demand, by open account, against Condon; that suit is pending, for the complainant’s use, in the circuit court, against Condon, founded on this *713debt; that…
2Cases cited5 opinions
- Foxcroft v. MallettSupreme Court of the United States · 1846
- Jordan v. JordanSupreme Court of Georgia · 1852
- Van Beuren v. Van GaasbeckNew York Supreme Court · 1825
- Ruckersville Bank v. HemphillSupreme Court of Georgia · 1849
- Elder v. LasswellIndiana Supreme Court · 1830
3Cited by2 opinions
- Chandler v. CookeMississippi Supreme Court · 1931
- Desearn v. BabersMississippi Supreme Court · 1884