Fisher v. Pacific Mut. Life Ins.

Citations

• 112 Miss. 30
• 72 So. 846

Syllabus

<p>1. Appearance. Special appearance. Plea to jurisdiction. Statute. Injunction. Notice of writ. Necessity. Injunction against suit in another state. Courts. Comity. Judgment. Collateral attach.</p> <p>Under Code 1906, section 3946, so providing when a defendant appeared for the purpose of pleading to the jurisdiction of the court it then and there entered its appearance for all purposes, and by such action was only entitled to a continuance of the suit to the next term of court upon its motion.</p> <p>2. Injunction. Notice of writ. Necessity.</p> <p>Where plaintiff demurred to defendant’s plea in abatement that plaintiff was barred by injunction in another state from suing him, by such demurrer plaintiff admits the existence of the injunction and it was his duty to obey it, irrespective of official notice thereof.</p> <p>3. Same.</p> <p>If plaintiff did not know of the existence of the injunction until he filed his demurrer to such plea in abatement he will be presumed to have had knowledge of same at least from the time he filed his demurrer.</p> <p>4. Same.</p> <p>For an injunction to be binding it is not necessary' that the defendant be served with the writ or otherwise officially notified of its existence. It is sufficient if he has received áctual notice that an injunction has been issued against him.</p> <p>5. Injunction Against Suits_ in Another State.</p> <p>A citizen of one state may be enjoined from prosecuting an action against another citizen of the same state in a foreign jurisdiction . for the purpose of evading the law of his own state and this rule applies, although the suit enjoined has been commenced in another state before the injunction issues.</p> <p>6. Same.</p> <p>The rule, to the effect that a citizen of one state may be enjoined from prosecuting an action against another citizen of the same state applies equally when an injunction is sought to restrain a citizen of one state from prosecuting an action against a nonresident corporation doing