Meridian National Bank v. Hoyt & Bros.

Citations

• 74 Miss. 221

Syllabus

<p>1. Practice. Wiling of papers.</p> <p>Although marked filed, a paper is not filed, in the legal sense, until it has been delivered to the proper officer with the purpose that the usual steps shall be taken in reference thereto.</p> <p>2. Same. Chancery con/i-t. Creditor's hill. Case.</p> <p>When the solicitor of the complainant in a creditor’s bill hands the same, together with the exhibits contained under the same cover, to the clerk of the chancery court and causes him to mark the bill filed, and, after making a corresponding entry on his general docket, to inclose the same in a regular court wrapper, and thereupon tells the clerk, without giving any reason therefor, that he did not wish process to be immediately issued and desired to take the papers back to his office, and. in fact, then carried the papers away with him, the clerk charging him with them and refraining from issuing process, there has been no such filing of the bill, in legal contemplation, as will entitle the complainant to priority of lien, under \\ 503. code 1892, over another attacking creditor who, in the interval of several days preceding the return of the papers and issuance of process, has, after learning the above facts, filed a like bill and had process issued thereon.</p>