Kiernan v. Cameron
Mississippi Supreme Court
Kiernan v. Cameron, 66 Miss. 442 (Miss. 1889)
Campbell
Kiernan v. Cameron
Opinion of the Court
delivered the opinion of the court.
The chancery court had full jurisdiction of the parties to thesupersedeas bond, who by its execution connected themselves with the cause and submitted themselves to the jurisdiction of the court in its enforcement of the decree superseded, and it could lawfully render a decree on the bond. The mode of procedure in this case,, if without precedent as alleged, seems to us unobjectionable, as the parties were given opportunity to make an)'- defence which would have been available to them in any proceeding on the bond.
Decree reversed, and cause remanded for further proceedings in the-chancery court.
Reference
- Full Case Name
- C. J. Kiernan v. B. F. Cameron
- Status
- Published
- Syllabus
- 1. Chancery Jurisdiction. Supersedeas bond. Sureties become parties. By executing a bond to supersede a decree in chancery, the sureties subject themselves to the jurisdiction of the court to enforce the decree, and the court may render a decree against them on the bond. 2. Chancery Practice. Decree on supersedeas bond, liow obtainable. Such decree on the bond may be rendered upon motion to that effect, if due notice be given to the parties to the bond and opportunity is afforded them to make any defense which would be available to them in any other proceeding on the bond.