White v. Willis

Citations

• 111 Miss. 417
• 71 So. 737

Syllabus

<p>1. Appeal and Error. Power to reverse. Jurisdiction. Constitutional provision.</p> <p>Where a chancellor has assumed jurisdiction, the supreme court will not reverse for the sole reason that the complainant has misjudged his forum, being prohibited from so doing by Constitution 1890, section 147.</p> <p>2. Equity. Jurisdiction. Grounds.</p> <p>Where the. affairs of a defunct bank were being administered in chancery and the receiver suing to recover alleged overdrafts was not in a position to have personal knowledge touching the various items of the deposit account which appellants had with the bank, and thé amended bill of complainant charges that the defendant neither admits nor denies the correctness of the bank’s statement but refuses to bring their passbooks and other evidence of debt and credit, and refuses to disclose the contents thereof, said passbook and other evidence of debt and credit in possession of defendant being necessary, for a true and just statement and settlement. In such case the chancery court had jurisdiction.</p>