Chamberlin-Hunt Academy v. Port Gibson Brick & Manufacturing Co.

Citations

• 80 Miss. 517

Syllabus

<p>1. Chancery Pleadings. Nonjoinder of party. Supreme court practice.</p> <p>The supreme court on appeal will disregard the nonjoinder of a necessary party to the suit where the same is not jurisdictional and was not complained of in the court below.</p> <p>2. Same. Facts averred in cross-bill. Not denied in answer thereto. Code 1892, § 5331.</p> <p>An independent fact, not mentioned in the bill, but alleged in a cross-bill and not denied by the answer thereto, will be taken as true on the hearing of the cause.</p> <p>3. Same. Attachment in chancery. Code 1892, 486, 487. Personal decree.</p> <p>There is no warrant for the rendition of a personal decree against the nonresident defendant to1 an attachment in chancery, under code 1892, $$ 486, 487, authorizing such suits to subject to the demands of the complainant the lands of such defendants and their effects in the hands of, or indebtedness due them by, residents of this state.</p> <p>4. Material-man’s Lien. Code 1892, $ 27Í4. Owner’s indebtedness to contractor. Notice.</p> <p>A suit by one who has furnished to a contractor material used in the building of a house to enforce a material-man’s lien, under code 1892, $ 2714, authorizing such an action in a court of law, if maintainable in equity at all (not decided), cannot be maintained without showing that the owner of the building is indebted to the contractor or was indebted to him at the time of the service of the notice, provided by the statute to be given.</p>