Foote v. Garland

Mississippi Chancery Courts

Foote v. Garland

1 S. & M. 95

DecidedDecember 15, 1843

StatusPublished

This text of 1 S. & M. 95 (Foote v. Garland) is published on Counsel Stack Legal Research, covering Mississippi Chancery Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foote v. Garland, 1 S. & M. 95 (Mich. Super. Ct. 1843).

Pincite

Opinion

Chancellor.

This is a bill to enforce a specific performance of a bond of indemnity, to which there is a general demurrer. I had occasion to examine the precise question here presented, in the late case of Buckner v. Hamborough, et al., 1 Freeman’s Chancery Reports, 533, in which I held that no relief could be given in a case like the present. I refer to that case, for the authority upon the question, and as containing a full exposition of my views, applicable to the one before me. Let the demurrer be sustained, and the bill dismissed at the costs of the complainant.

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Chancellor.

This is a bill to enforce a specific performance of a bond of indemnity, to which there is a general demurrer. I had occasion to examine the precise question here presented, in the late case of Buckner v. Hamborough, et al., 1 Freeman’s Chancery Reports, 533, in which I held that no relief could be given in a case like the present. I refer to that case, for the authority upon the question, and as containing a full exposition of my views, applicable to the one before me. Let the demurrer be sustained, and the bill dismissed at the costs of the complainant.

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Bluebook (online)

1 S. & M. 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foote-v-garland-misschanceryct-1843.