Carbolineum Wood Preserving & Manufacturing Co. v. Meyer
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. T. A. Wood, Judge. The opinion of the court sufficiently states the case. 1. The court erred in overruling defendant’s demurrer to plaintiff’s replication. The writ of attachment was the basis of the suit and should have been abated.
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From the circuit court of Harrison county. Hon. T. A. Wood, Judge. The opinion of the court sufficiently states the case. 1. The court erred in overruling defendant’s demurrer to plaintiff’s replication. The writ of attachment was the basis of the suit and should have been abated. The replication of plaintiff admitted the pendency, in the chancery court, of a suit for the identical demand against this nonresident corporation, and there can be no question but that the chancery court had ample power and jurisdiction to adjudicate on the merits of the claim. The defendant, therefore, had the…
1Opinion of the CourtTerral, J.
The appellee brought suit by attachment against the appellant for three and one-third months’ services as manager of a saw mill at $100 per month ($320), and for money paid to the defendant’s use at its request, being $183.48, aggregating $503.48. The only amount in dispute was the $320 for three and one-third months’ services or wages. The writ was levied upon certain property of the defendant, which was bonded by it. The suit was in assumpsit for a purely and technically legal cause of action. The appellee pleaded a pending suit in the chancery court of the same county for the same…
2Cases cited3 opinions
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- Blanchard v. StoneSupreme Court of Vermont · 1844
- Black v. LackeyCourt of Appeals of Kentucky · 1842
3Cited by4 opinions
- Streckfus Steamers, Inc. v. KierskyMississippi Supreme Court · 1935
- Hutchens v. CraigMississippi Supreme Court · 1940
- Grenada Bank v. BourkeMississippi Supreme Court · 1915
- Laurel Racing Co. v. JonesMississippi Supreme Court · 1955