Jones v. Jones
79 Miss. 261
Miss.
1901
Check Treatment
Whitfield, C. J,,

delivered the opinion of the court.

The case of Gordon v. Warfield, 74 Miss., 553 (21 So. Rep., 151), rests on the ground that the defendant therein was a nonresident, and no remedy existed by reason of such non-residence otherwise than as prayed in the bill therein. These parties are all residents of Washington county. It was never *266within the contemplation of the statutes invoked by appellant to authorize chancery courts to take cognizance of a suit for unliquidated damages arising out of a tort, before there has been any judgment at law ascertaining the damages, the defendant being within the jurisdiction of the court.

Affirmed.