Cases Argued and Decided in the Supreme Court of Mississippi Volume 96

Cases Argued and Decided in the Supreme Court of Mississippi Volume 96

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...fee in case of suit, where the aggregate of the two exceeds said sum. FROM the chancery court of, second district, Bolivar county. HON. MANUEL E. DENTON, Chancellor. Mrs. Granger, appcllee, was complainant in the court below; Parks, appellant, was defendant there. From a decree in complainant's favor the defendant appealed to the supreme court. The object of the suit was to enjoin the enforcement of a pretended judgment rendered in defendant's favor against complainant by a justice of the peace, on the ground that the jus Opinion of the court. tice's court was without jurisdiction of the cause in which it was rendered. The suit before the' justice of the peace was upon a promissory note for a principal sum and it contained a. promise to pay an attorney in case of suit upon the note. The principal sum due was less than two hundred dollars, but the aggregate of the principal sum due and the attorney's fee exceeded said sum. W. G. H ardie, for appellant. Counsel argued the case fully, citing the following authorities: New Orleans, etc., R. Co. v. Evans, 49 Miss. 785; J ackson v. Whitfield, 51 Miss. 202; Ward '0. Scott, 57 Miss. 826; Kiernan 1: . Germaino, 62 Miss. 75; Hedgecock v. Davis, 64 N. C. 650. WIIITFIELD; C. J., delivered the opinion of the court. The question presented by this record is a very interesting one, and has never been decided by this court. The question is this: "(here a note is given for a sum less than $200, and Opinion of the court. also stipulates for an attorncy's fee of 10 per cent. if suit should be instituted on said note, and the amount of the principal of the note, plus the attorney's fee of 10 per cent. of the amount of the note, together exceed $200, can suit be...
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Product details

  • Paperback | 340 pages
  • 189 x 246 x 18mm | 608g
  • United States
  • English
  • black & white illustrations
  • 1236981103
  • 9781236981103