First State Bank v. Lincoln

Citations

• 97 Miss. 720
• 53 So. 387

Syllabus

<p>1. Chancery Pleadings and Practice. Jury trial. Code 1906, § 558. Discretionary with court.</p> <p>Under Code 1906, § 558, providing- for jury trials in chancery courts, a trial by jury is not a matter of right and is allowed only in the discretion of the court.</p> <p>2. Equity. Bankruptcy. Preferences. Suit to vacate. State courts. Rules of practice.</p> <p>Bankruptcy Act July 1, 1898, ch. 541, § 60b, 30 Stat. 562 (U. S. Comp. St. 1901, p. 3445), and section 70e as amended by Act Peb. 5, 1903, ch. 487, § 16, 32 Stat. 800 (U. S. Comp. St. Supp. 1909 p. 1316), providing that suits to recover preferences may be brought in any court of bankruptcy, and also in any state court which would have had jurisdiction if bankruptcy had not intervened, do not alter, modify, or repeal the rules of practice by which courts of the state are regulated; and hence, in a suit in equity -in a state court to recover a preference, defendant was not entitled to have issues framed and sent to a jury.</p>