Caston v. Caston
Mississippi Supreme Court
This is a demurrer to a plea in bar of an appeal from the Chancery Court of Amite County. The present appellee, A. S. Caston, had appealed from the final decree in the case of M. G-. Caston et al. v. A. S. Caston, and the decree had been affirmed. Subsequently the complainants in that suit took the present appeal, and to it A. S. Caston filed the plea recited in the opinion of the court. The decision on the former appeal cannot conclude this one.
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This is a demurrer to a plea in bar of an appeal from the Chancery Court of Amite County. The present appellee, A. S. Caston, had appealed from the final decree in the case of M. G-. Caston et al. v. A. S. Caston, and the decree had been affirmed. Subsequently the complainants in that suit took the present appeal, and to it A. S. Caston filed the plea recited in the opinion of the court. The decision on the former appeal cannot conclude this one. Errors to the prejudice of the complainants could not be considered on that hearing, because they had not then appealed, and, consequently, this…
1Opinion of the CourtCampbell, J.
The plea in bar of this appeal is good, and must cause a dismissal of the appeal. It discloses the facts that the appellants were complainants in a chancery suit, and obtained a decree against the appellee, who appealed to this court, and sought to have said decree reversed ; but his appeal was resisted by the appellants, who were then appellees, and said decree was affirmed by the judgment of this court; and subsequently the appellants prayed and obtained this appeal. When a complainant obtains a decree, but not for all the relief prayed by his bill, and the respondent appeals, if the…
2Cited by6 opinions
- Mississippi Baptist Hospital v. HolmesMississippi Supreme Court · 1952
- State ex rel. City of Duluth v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1906
- Williams v. WigginsMississippi Supreme Court · 1973
- Howell v. JacksonSupreme Court of Arkansas · 1908
- Payne v. McNeeleyMississippi Supreme Court · 1920
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