Dewees v. Dewees
Mississippi Supreme Court
Appeal from the Chancery Court of Hancock County. Hon. George Wood, Chancellor. The case is stated in the opinion of the court. 1. It was error in the Chancery Court to retain the cross-bill after the appellant had dismissed the original bill. A complainant may dismiss his own bill as a matter of course. 1 Dan. Ch. Pr. 795. The dismissal of the original bill carries with it the cross-bill.
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Appeal from the Chancery Court of Hancock County. Hon. George Wood, Chancellor. The case is stated in the opinion of the court. 1. It was error in the Chancery Court to retain the cross-bill after the appellant had dismissed the original bill. A complainant may dismiss his own bill as a matter of course. 1 Dan. Ch. Pr. 795. The dismissal of the original bill carries with it the cross-bill. Belcher v. Wilkerson, 54 Miss. 667 ; Jacks et al. v. Brideioell, 51 Miss. 881; Thomass'on v. Neely, 50 Miss. 310. This rule should be more especially applied under our practice, where the answer of the…
1Opinion of the CourtChalmers, J.
Daniel S. Dewees filed his bill for divorce from his wife, on the ground of desertion. The wife answered, denying the desertion, and alleging that she had been driven from the matrimonial domicile by her husband; that she had always been a dutiful and affectionate wife, and that she had ever been, and was then, anxious to return to a faithful discharge of her matrimonial duties, if permitted so to do. Converting her answer into a cross-bill, she charged that she was destitute of means, while her husband was comparatively wealthy; that he not only refused to support her, but had published a…
2Cases cited3 opinions
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