The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-08-25

JAG
); DAMAGES on DISSOLUTION.
= To : 1851 Code 1871 d. -'unloss the valu
of the property the sale OF which RI
strained. i less than the amount Of the deb
e in which case the damages shall be compute
on the value Of the properly, which shall b
ascertained and determined by the chancellor
aud IN all cases upon the dis solution Of n n
junction, the Il images may be ascertained b.
the court or chancellor or upon reference to
master, and proof if necessary, and decree
/ therefor BE- made, and execution be ISSUED
: thereon Z 1918.
DECREE FOR DAMAGES.
Upon the dissolution of an injunction, thu
party claiming damages may suggest in writ
ing, the nature of the damages, and amour
claimed, and the court or chancellor may heal
evidence, orally or by deposition, and enter
decree therefor on the injunction bond. such
decree to be entered in term time vacation
when the motion 10 dissolve is disposed of
If the damages are not so assessed and deereed,
the party may have an action at law for the
same the bond. 1919.
BOND As JUDGMENT.
A bond to enjoin proceedings AT law on a
Judgment Tor money, upon the dissolution of
such Injunction, in whole or in part, shall have
I the force and effect of Judgment against the
/ obligOrs, and being certified by the clerk of
/ the court in which 1t j. filed 10 the ERIK of the
/ court in which the judgment was rendered,
! execution may be issued against the said obi
gors for the amount of the judgment which
was en- i0ine /. and ii any Of said obligors have
died, sctre tGcids may be issued for their re-
presentatives and, on revival OF such Judg-
Z Them A execution
be issued To them, if satisfaction of the
judgment has not been had 1920
These provisions certainly give very sum
mary remedy for damages when an injunction
is dissolved.
RECEIVERS.
1852 Code 1871, is so amended as to require
i've, instead of ten, days notice of applica-
ton for the appointment Of a receiver. 1927.
MONEY PAID INTO COURT.
In lieu of 1866, Code 1871, the following is
enacted
when money shall be paid into court under
its orde receiver may be appointed to keep |
the same, who shall give bond and security, |
as in other cases, but if the money shall be |
ordered to he paid to the clerk Of such court, |
his official bond shall cover it, and addi- |
tional bond may be required if the court or
chancellor shall think proper 1928.
ESTATES OF MINORS AND OTHERS.
I'm all cases in which it may be thought to
be necessary for the protection Of the estate
of decetents, minors and persons of unsouud
mind, receiver may be appointed either by
the court by the chancellor in vacation,
subject to the foregoing provisions Z 1926.
Ill other provisions of the Code of 1871 in
relation TO receivers are retained.
COMMISSIONERS BOND REQUIRED.
The court or chancellor may require of
commissioner in any case bond conditioned
to pay all money which may come into his
hands. Z 1882.
OBSERVATION-DISCLOSURES FOR BALANCE.
Upon the confirmation OF the report of the
sale OF any property, real or personal, under
/ decree for sale to satisfy mortgage deed
# trust, other lien such property, if
here is n balance due to the compla inant, the
court upon his motion, shall give a decree
gaiust the defendant for any such balance
or which by the record of the case he may be
,ersonally liable, upon which decree execu-
ion may issue 1885.
EVIDENCE :
"The rules rs to the competency of witness /,
= shall be the same in the courts of chancery ;
s in circuit courts 1886. ,
These rules do not differ from those prescrib- !
d by the Code Of 1871.
PROOF OF EXHIBITS.
Exhibits to bills oranswers may be proved l
" atfidavits hied With tue exhibits in the !
Jerks office, at any time before The hearing, !
II by witnesses at the hearing, but two days :
otice OF the taking of such afhdayits, of I
he purpose to produce witnesses at the hear =
ng, shall be given to the opposite party. =
DISPOSITIONS o
lay be taken before the same officers, upon n
Ike notice, and in the same manner, as is pre- a
cribed for taking depositions in the circuit ,
curt. lb4a a
The testimony of party out OF the state :
nay be taken by filing interrogatories in the Z :
Jerks Office and giving notice. If the inter o
ogatories are not answered, the bill shall be n
dismissed, or, in case of a defendant, pro !
oafesso shall be entered. 1913.
ADVERSARY EXAMINED ORALLY. t
ANY party 20 a suit desiring to examine any .
opposite party in open court may, without +
rst taking his deposition, have such party n
as witness. and examine him in d
pen court during the progress of the trial, o
nd shall be at liberty to contradict the testi 9
lony of such party, he might do as to any Il
fitness, but such party shall be entitled to o
ees as witness for said party, to be paid and S
axed as in case # other Fitpesses" Z 1914 s
INTERESTED WITNESS. ?
When the deposition of party or other in- r
crested witness has been taken, and party y
D the cause, ten days before trial shall file f
n affidavit that in his opinion, an oral exam e
nation of the witness in open court, is neces- I
ary to the attainment OF justice, the deposit .
on shall not be admissible in favor of the Ii
a1ty taking it. if the person is alive at the s
me of trial but s,.ch person shall be exam u
ned orally in open eoErI, ne testimony TO lie .
educed to writing part Of the record. t.
If the deposition is not filed ten days before +
and, the affidavit may be filed at any time h
efore trial The witness shall be entitled to u
imi, Ell ation as in other cases 1916.
OPPOSING WITNESS ExAMINED ORALLY. ell
The party against whom the deEositiqn Of r..
ny witness has been taken may procure the E,
tendance of such witness at the trial to p'
put on the stand, the witness of the par q G
in whose favor the deposition was taken, n,
i'd cross-examined. The testimony to be re- m
iced to writing part of the record. The e.
lrty procuring such examination shall be y, w
able for all costs thereof. 1916
These admirable provisions, and will W
'eatly aid in the investigation of truth.
NOTE OF EVIDENCE. G
con the hearing of each cause the chancel- n
+ or clerk shall make nate of the deposit al
Ons and instruments OF written evidence in a,
oduced and read By the parties respectively, | Nh
lowing the order of their inn no luction and gi
which party offered aud such note of the e.
-idence shall be filed with the papers of the | =,
use, and shall be part of the record thereof h,
appeal or otherwise, but the want of such q
ote or memorandum shall not affect the RIG hts q,
any party 1877 OF
TESTIMONY IN CERTAIN CASES. Il
'In all proceedings in matters testamentary Of
Id of ADM nistra ton, in minors business, | 81
Id allotment of dover, and in cases of idiocy w
macy, and persons non eomsos meats, wit n.
esses may be produced and examined in a
zen court, their dispositions may be taken N