Brown, Bros. v. Bank of Mississippi
Mississippi Supreme Court
Appeal from tbe Superior Court of Chancery. Hon. Charles Scott, chancellor. The following points and authorities are submitted to the court on the jurisdiction of the court; and also on the question, whether on the demurrer of some of the debtors of the Bank of Mississippi, after the bank itself has answered, without objecting that complainant had not obtained a judgment at law, the bill will be dismissed as to the bank or other defendants who have answered. 1. Where the…
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Appeal from tbe Superior Court of Chancery. Hon. Charles Scott, chancellor. The following points and authorities are submitted to the court on the jurisdiction of the court; and also on the question, whether on the demurrer of some of the debtors of the Bank of Mississippi, after the bank itself has answered, without objecting that complainant had not obtained a judgment at law, the bill will be dismissed as to the bank or other defendants who have answered. 1. Where the court is competent to grant the relief sought, an objection to the jurisdiction raised for the first time after answer…
1Opinion of the CourtHandy, J.
The appellants filed this bill in the Superior Court of Chancery, in April, 1843, claiming, as the holders of the bonds of the Bank of Mississippi to a large amount, and charging the directors of the bank with fraudulently using the assets of the bank for their individual benefit, and with wasting the same. Answers to the merits of the bill were filed in 1843, by the bank and several of the directors. In June, 1844, a supplemental bill was filed, stating, that in April, 1844, the complainants recovered judgment at law upon their claim against the bank, upon which the original bill was…
2Cases cited1 opinion
- Candler v. PettitNew York Court of Chancery · 1828
3Cited by16 opinions
- Shaw v. ShawMississippi Supreme Court · 1992
- Morgan v. United States Fidelity & Guaranty CompanyMississippi Supreme Court · 1969
- Crawford Com. Const. v. Marine Ind. Res. Ins.Mississippi Supreme Court · 1983
- Fleming v. GraftonMississippi Supreme Court · 1876
- Kent v. CurtisMissouri Court of Appeals · 1877
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