payment claim in Mississippi

1961In Nicholson v. Dent, Robinson & Ward, 189 Miss. 658 , 198 So. 552 , the Court said: “It was held in the cases of North, Adm’r. v. Lowe, 63 Miss. 31 , and Tarver v. Lindsey, 161 Miss. 379 , 137 So. 93 , that a claim against the estate of a decedent, although duly probated and registered, must be established by clear and reasonably positive evidence, if objected to by the administrator.” There is no proof in the record that we have here to show that the claim was just, correct, and owing from the deceased.

1961In Nicholson v. Dent, Robinson & Ward, 189 Miss. 658 , 198 So. 552 , the Court said: “It was held in the cases of North, Adm’r. v. Lowe, 63 Miss. 31 , and Tarver v. Lindsey, 161 Miss. 379 , 137 So. 93 , that a claim against the estate of a decedent, although duly probated and registered, must be established by clear and reasonably positive evidence, if objected to by the administrator.” There is no proof in the record that we have here to show that the claim was just, correct, and owing from the deceased.

1961In Nicholson v. Dent, Robinson & Ward, 189 Miss. 658 , 198 So. 552 , the Court said: “It was held in the cases of North, Adm’r. v. Lowe, 63 Miss. 31 , and Tarver v. Lindsey, 161 Miss. 379 , 137 So. 93 , that a claim against the estate of a decedent, although duly probated and registered, must be established by clear and reasonably positive evidence, if objected to by the administrator.” There is no proof in the record that we have here to show that the claim was just, correct, and owing from the deceased.

1961In Nicholson v. Dent, Robinson & Ward, 189 Miss. 658 , 198 So. 552 , the Court said: “It was held in the cases of North, Adm’r. v. Lowe, 63 Miss. 31 , and Tarver v. Lindsey, 161 Miss. 379 , 137 So. 93 , that a claim against the estate of a decedent, although duly probated and registered, must be established by clear and reasonably positive evidence, if objected to by the administrator.” There is no proof in the record that we have here to show that the claim was just, correct, and owing from the deceased.

1961In Nicholson v. Dent, Robinson & Ward, 189 Miss. 658 , 198 So. 552 , the Court said: “It was held in the cases of North, Adm’r. v. Lowe, 63 Miss. 31 , and Tarver v. Lindsey, 161 Miss. 379 , 137 So. 93 , that a claim against the estate of a decedent, although duly probated and registered, must be established by clear and reasonably positive evidence, if objected to by the administrator.” There is no proof in the record that we have here to show that the claim was just, correct, and owing from the deceased.

1951After the record was filed in this Court the appellant filed a motion asking that the Court dismiss the case for lack of jurisdiction, and in his brief in support of that motion the appellant contends that under the rule laid down in Clopton v. Gholson, 53 Miss. 466 , and in Norton et al. v. Phelps et ux., 54 Miss. 467 , and further elaborated and discussed in the more recent case of Shelby et al. v. White, 158 Miss. 880 , 131 So. 343 , the appellee wholly failed to allege or establish a right to subject the trust property to the payment of the claim against Stewart, trustee, and that the atta

1951After the record was filed in this Court the appellant filed a motion asking that the Court dismiss the case for lack of jurisdiction, and in his brief in support of that motion the appellant contends that under the rule laid down in Clopton v. Gholson, 53 Miss. 466 , and in Norton et al. v. Phelps et ux., 54 Miss. 467 , and further elaborated and discussed in the more recent case of Shelby et al. v. White, 158 Miss. 880 , 131 So. 343 , the appellee wholly failed to allege or establish a right to subject the trust property to the payment of the claim against Stewart, trustee, and that the atta

1951After the record was filed in this Court the appellant filed a motion asking that the Court dismiss the case for lack of jurisdiction, and in his brief in support of that motion the appellant contends that under the rule laid down in Clopton v. Gholson, 53 Miss. 466 , and in Norton et al. v. Phelps et ux., 54 Miss. 467 , and further elaborated and discussed in the more recent case of Shelby et al. v. White, 158 Miss. 880 , 131 So. 343 , the appellee wholly failed to allege or establish a right to subject the trust property to the payment of the claim against Stewart, trustee, and that the atta

1951After the record was filed in this Court the appellant filed a motion asking that the Court dismiss the case for lack of jurisdiction, and in his brief in support of that motion the appellant contends that under the rule laid down in Clopton v. Gholson, 53 Miss. 466 , and in Norton et al. v. Phelps et ux., 54 Miss. 467 , and further elaborated and discussed in the more recent case of Shelby et al. v. White, 158 Miss. 880 , 131 So. 343 , the appellee wholly failed to allege or establish a right to subject the trust property to the payment of the claim against Stewart, trustee, and that the atta

1948They should adopt a construction that will bring it into harmony with the constitution by restricting its application to the legitimate field of legislation, whenever necessary in order to uphold its constitutionality and carry its provisions into effect.” [ 182 Miss. 385 , 182 So. 107 ] (Italics ours.) The business of taking and developing photographs is a specialized calling, trade or profession, and we are of the opinion that under the facts alleged in the bill of complaint the employees of the appellees in this state, other than the photographer, are neither taking nor developing photograp

1939Lehman v. Powe, 95 Miss. 446 , 456, 49 So. 622 .

1939Lehman v. Powe, 95 Miss. 446 , 456, 49 So. 622 .

1922In discussing the question the supreme court of Arkansas, to which the cause was appealed, quoted with approval the following: “In Forces v. Cooper, 88 Ky. 285 . [ 11 S. W. 24 ], it is said: ‘It is certainly unconscientious for an insolvent party to coerce the payment of his claim when he is owing the other party an equal or larger sum, and thus leave the fatter remediless, nor should a nonresident be allowed, under like circumstances, to enforce through the agency of the courts the collection of his debt, and compel the other party to seek a foreign jurisdiction for relief, and then perhaps f

1922In discussing the question the supreme court of Arkansas, to which the cause was appealed, quoted with approval the following: “In Forces v. Cooper, 88 Ky. 285 . [ 11 S. W. 24 ], it is said: ‘It is certainly unconscientious for an insolvent party to coerce the payment of his claim when he is owing the other party an equal or larger sum, and thus leave the fatter remediless, nor should a nonresident be allowed, under like circumstances, to enforce through the agency of the courts the collection of his debt, and compel the other party to seek a foreign jurisdiction for relief, and then perhaps f

1919Wall v. Monroe County, 13 Otto (103 U. S.) 74, 26 L.

1885Polk v. Supervisors, 52 Miss. 422 ; Arrighi v. Supervisors, 54 Miss. 672 ; Klein v. Supervisors, 58 Miss. 540 .

1885Polk v. Supervisors, 52 Miss. 422 ; Arrighi v. Supervisors, 54 Miss. 672 ; Klein v. Supervisors, 58 Miss. 540 .