Taylor v. Ross
Mississippi Supreme Court
Appeal from chancery court of Bolivar county. HoN. G. E. Williams, Chancellor. Suit by S. 0. Taylor against W. L. Eoss and another. Decree for defendants, and plaintiff .appeals. There can be no doubt on earth then, but that our adversaries thought they had a right to bring up, under the demurrer, their claim that the indorsers were not liable, because of the lack of protest and notice.
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Appeal from chancery court of Bolivar county. HoN. G. E. Williams, Chancellor. Suit by S. 0. Taylor against W. L. Eoss and another. Decree for defendants, and plaintiff .appeals. There can be no doubt on earth then, but that our adversaries thought they had a right to bring up, under the demurrer, their claim that the indorsers were not liable, because of the lack of protest and notice. Nor can there be any doubt but that the bill of complaint opened up all of the defenses that are now claimed, because we find on page three of the reply brief of Mr. Smith, oh the former appeal, the following:…
1Opinion of the CourtEthridge, J.
This is the second appearance of this case. The first report will be found in 124 Miss. 330, 86 So. 809. The former appeal was from an order overruling a demurrer to the bill. The bill was set out in full, except the exhibit, and we held that the bill stated a cause of action good against demurrer. It is contended now that the opinion then rendered constitutes the law of the case, and was binding on the court below and on this court, and that the judgment now appealed from was unauthorized because of that case.
The former opinion settles nothing, except that the bill stated a cause good…
2Cases cited2 opinions
- Mechanics' & Farmers' Savings Bank v. KatterjohnCourt of Appeals of Kentucky · 1910
- Ross v. TaylorMississippi Supreme Court · 1920
3Cited by7 opinions
- Carter v. JenningsMississippi Supreme Court · 1924
- Skinner v. MahoneyMississippi Supreme Court · 1925
- Sledge & Norfleet Co. v. DyeMississippi Supreme Court · 1926
- Gresham v. State BankMississippi Supreme Court · 1922
- Thompson v. GoreMississippi Supreme Court · 1938
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