Aron v. Chaffe, Powell & West

Citations

• 72 Miss. 159

Syllabus

<p>1. EVIDENCE. Judgment. Admissibility as to third person.</p> <p>Even in a controversy with a third person, a judgment creditor may introduce his judgment, not as evidence of the facts on which it is founded, but to show the indebtedness of his debtor, as to which the judgment is prima facie evidence. Bergman v. Hutcheson, 60 Miss., 873.</p> <p>3. Same. Judgment Record, luhen %tnnecessivry.</p> <p>When a judgment is introduced in evidence merely to show the fact of its rendition and the indebtedness, it is not necessary to produce the entire record.</p> <p>3. Injunction. Marshaling securities. Dissoiution. Damages.</p> <p>Complainant gave his notes to one who transferred them as collateral security to defendants, and afterwards failed and made an assignment. Defendants filed a creditors’ bill attacking- the assignment, and also sued complainant on the notes, whereupon he enjoined the action, praying for a marshaling- of securities, and that defendants be recjuired to exhaust their remedy by the creditors’ bill and on other collaterals held by them before pursuing him on said notes, in order that he might establish an off-set against the insolvent payee. Held, that, although it appeared, on final hearing, that he was justly indebted on said notes more than the amount decreed in favor of defendants, yet it was error to dissolve the injunction and award damages.</p> <p>4. Injunction. Marshaling. Injunction ‘primarily in aid of.</p> <p>In such case, the injunction being- primarily merely in aid of the , right to marshal securities, complainant was entitled to have the action at law stayed until the termination of the creditor’s suit, and then, if defendants should not thereby collect their debt, to compel them to first exhaust other collaterals.</p> <p>5. Samis. Injunction. Dissolution. Practice.</p> <p>If the defendants desired to proceed to judgment at law on the notes, under the rule announced in Sill v. Billingsly, 53 Miss., Ill, they should have moved to dissolve