Harrington v. Mobbley

Mississippi Supreme Court

Harrington v. Mobbley

33 Miss. 34

DecidedApril 15, 1857

StatusPublished

This text of 33 Miss. 34 (Harrington v. Mobbley) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harrington v. Mobbley, 33 Miss. 34 (Mich. 1857).

Pincite

Opinion

Fisher, J.,

delivered the opinion of the court.

This was a bill filed in the Yice-chancery Court at Carrollton.

The court sustained a plea to the jurisdiction and dismissed the bill, from which decree this writ of error is prosecuted.

It appears from the pleadings that the Superior Court of Chancery could have entertained jurisdiction of the subject-matter in controversy, and this being the case, and neither party applying to remove the cause into the Superior Court of Chancery, the plea to the jurisdiction could not be sustained under the decision in the case of Trotter v. Erwin, 27 Miss. R. 776.

Decree reversed, and cause remanded.

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Fisher, J.,

delivered the opinion of the court.

This was a bill filed in the Yice-chancery Court at Carrollton.

The court sustained a plea to the jurisdiction and dismissed the bill, from which decree this writ of error is prosecuted.

It appears from the pleadings that the Superior Court of Chancery could have entertained jurisdiction of the subject-matter in controversy, and this being the case, and neither party applying to remove the cause into the Superior Court of Chancery, the plea to the jurisdiction could not be sustained under the decision in the case of Trotter v. Erwin, 27 Miss. R. 776.

Decree reversed, and cause remanded.

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Bluebook (online)

33 Miss. 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrington-v-mobbley-miss-1857.