Strauss v. Hutson
Mississippi Supreme Court
Appeal from tbe chancery court of Washington county. Hon. E. N. Thomas, Chancellor. Bill by Simon Strauss against P. H. Hutson and wife. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We ask the court to bear in mind that this bill seeks discovery from both defendants.
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Appeal from tbe chancery court of Washington county. Hon. E. N. Thomas, Chancellor. Bill by Simon Strauss against P. H. Hutson and wife. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We ask the court to bear in mind that this bill seeks discovery from both defendants. If, at the hearing of the., cause, evidence is attempted to be introduced making the husband or wife testify against the other it will then be subject to proper objection, but the defendant, F. H. Hutson, the husband, cannot decline to answer and discover as to his own…
1Opinion of the CourtCook, J.
Appellant filed a bill for discovery against appellees, husband and wife. To this bill appellees filed separate demurrers, each assigning three grounds of demurrer, viz.: (1) That the bill prays for discovery not under oath. (2) The bill as to discovery is a fishing bill. (3) That the bill, in praying discovery by this defendant, endeavors to force him, contrary to law, to give evidence against his wife. Accompanying the demurrers, separate answers were filed by appellees, denying under oath all of the allegations of the bill, and particularity the allegations charging fraud.
The hill alleges…
2Cases cited2 opinions
- Byrd v. StateMississippi Supreme Court · 1879
- Leach v. ShelbyMississippi Supreme Court · 1881
3Cited by4 opinions
- Daniels v. BeesonMississippi Supreme Court · 1975
- Spencer v. O'BryantMississippi Supreme Court · 1925
- Whitney Nat. Bank v. StirlingMississippi Supreme Court · 1936
- Fidelity National Bank v. Center Management, Inc.District Court, S.D. Mississippi · 1984