First National Bank v. Phillips
Mississippi Supreme Court
Erom the chancery court of Lauderdale county. TIon. W. T. Houston, Chancellor. Appellee, J. R. Phillips, filed this bill against the Eirst National Bank of Meridian, the Planters’ Warehouse Co.,. Inman & Co., M. T. Murphree and C. C. King.
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Erom the chancery court of Lauderdale county. TIon. W. T. Houston, Chancellor. Appellee, J. R. Phillips, filed this bill against the Eirst National Bank of Meridian, the Planters’ Warehouse Co.,. Inman & Co., M. T. Murphree and C. C. King. It alleges that complainant was the owner of certain cotton, which lie delivered to Litehenstein & Metzger, merchants in Meridian, Mississippi, who were, as he supposed, to store it for him in their warehouse; that said firm failed in business, and all their property was attached by creditors; that complainant, thereupon, came to Meridian to ascertain what…
1Opinion of the CourtCampbell, C. J.
We do not know of any precedent or principle which will maintain this bill. Doubtless Mr. Phillips has a cause of action against somebody, but he must ascertain against whom he may have a decree, and bring his suit against him or them. He has no right to bring before the court a number of persons not shown to be liable to him, or in any way interested in the matter of the suit, in the effort to find among them some who are liable to him. No one should be made a party defendant against whom no relief is prayed or grantable. It is not allowable to bring a bill against many, with a view to…
2Cited by3 opinions
- W.T. Rawleigh Co., Inc. v. HesterMississippi Supreme Court · 1941
- Calcote v. WiseMississippi Supreme Court · 1953
- Mississippi Compress & Warehouse Co. v. LevyMississippi Supreme Court · 1903