Strong v. Harrison

Decided October 15, 1884

Mississippi Supreme Court · decided 1884-10-15

Hon. E. Gr. Peyton, Chancellor. The bill in this case was filed on the 3d day of March, 1884, by Mary Day Strong and others against Sim. Harrison, sheriff, and others. The prayer of the bill was for an injunction prohibiting Harrison, as sheriff, to sell under executions held by him certain lands described in the bill, for an account to ascertain the amounts due on the executions, and for general relief. The Chancellor granted a temporary injunction.

Cited by 1 later decisions — most recently May 1925

1 state decisions

Relies on Maury v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1884-10-15

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Cooper, J.,

¶1delivered the opinion of the court.

¶2It was error to dismiss the bill on the motion to dissolve the injunction. Maury v. Smith, 46 Miss. 81.

¶3The motion to dissolve was heard in term time more than five days after the answer had been filed, and as the motion does not appear in the record we are unable to say that it had not been on the docket three days preceding the hearing — in such cases no notice is necessary. Code of 1880, § 1914. *

¶4The objection of appellants that there was no evidence introduced authorizing the claim for attorney’s fees is not well taken. The testimony may have been oral, and in support of the decree we must assume that it was.

¶5The decree, in so far as it dissolves the injunction and awards payment of the attorney’s fee, is affirmed,, and in so far as it dismisses the bill is reversed.