Grenada Bank v. Bourke
Mississippi Supreme Court
Appeal from the circuit court of Grenada county. Hon. J. A. Teat, Judge. . Suit by tbe Grenada Bank against W. E. Bourke and others. From a judgment sustaining a demurrer to its. replication to defendants plea in abatement, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court.
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Appeal from the circuit court of Grenada county. Hon. J. A. Teat, Judge. . Suit by tbe Grenada Bank against W. E. Bourke and others. From a judgment sustaining a demurrer to its. replication to defendants plea in abatement, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. We submit that this action of tbe court in sustaining, .appellee’s demurrer and dismissing appellant’s case was. clearly erroneous, for tbe following reasons: 1st: Because in tbe two suits in tbe circuit and chancery courts-there was no identity of causes of action; 2nd: Because' there was no…
1Opinion of the CourtCook, J.
This suit was instituted in the circuit court of Grenada county by the appellant against the appellees on a promissory note. Appellees interposed a plea in abatement setting up a pending suit in the chancery court, in which suit it was alleged that the same questions were involved between the same parties. Appellant filed a replication to the plea in abatement averring, among other things, that since the institution of the present suit the case had been disposed of in the chancery court. To this replication a demurrer was interposed and sustained by the court.
Briefly stated, the point for our…
2Cases cited1 opinion
- Carbolineum Wood Preserving & Manufacturing Co. v. MeyerMississippi Supreme Court · 1898