Christian & Craft Co. v. Dantzler Lumber Co.
Mississippi Supreme Court
From the circuit court of Jackson county. Hon. Tiiaddeus A. Wood, Judge. Dantzler Lumber Company and others, appellees, were plaintiffs in the court below. Christian & Craft Co., appellant, was defendant there. The facts sufficiently appear from the’ opinion of the court.
1Opinion of the CourtTerral, J.
This is an action of assumpsit, instituted by five persons jointly against the defendant for the recovery of $1,005.47. *75One of the plaintiffs, Henry Buddig, died pending the action. His death was suggested upon the record, and several orders were made by the court looking to a revivor as to him in the name of his administratrix, but no absolute order of revivor was ever entered, though the judgment recites that it is taken in the name of the other joint parties and in the name of Mrs. Buddig, as his administratrix.
1. The judgment is not defective because of want of an order of revivor in the…
2Cited by3 opinions
- Gulf Refining Co. v. HarrisonMississippi Supreme Court · 1946
- Burton v. RedmondMississippi Supreme Court · 1951
- Reason v. ReasonMississippi Supreme Court · 1953