Gulf & Ship Island Railroad v. Flowers

Citations

• 85 Miss. 633

Syllabus

<p>New Trial. Equity. Judgment fraudulent in effect. Injunction.</p> <p>Where the plaintiff’s attorney caused defendant’s attorney to believe and act upon the idea that a case would not be tried at the next term of the justice’s court, but would be continued, a judgment taken by the plaintiff himself, in the absence of the defendant and his attorney at said term, is fraudulent in its effect, and after the defendant, being without fault, has lost the right of appeal, will be enjoined and a new trial wil] be granted in equity, although the plaintiff’s attorney acted without intent to deceive.</p>