Newton Oil & Manufacturing Co. v. Sessum
Mississippi Supreme Court
Appeal from the chancery court of Newton county. Hon. Sam Whitman, Jr,., Chancellor. Bill by T. J. Sessum and others against the Newton Oil & Manufacturing Company. From an order overruling a demurrer to the bill, defendant appeals. The facts are fully stated in the opinion of the court. There will be no limit to the issues that will arise in this case. Each man’s claim tried and determined by the chancellor separate and apart from all others.
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Appeal from the chancery court of Newton county. Hon. Sam Whitman, Jr,., Chancellor. Bill by T. J. Sessum and others against the Newton Oil & Manufacturing Company. From an order overruling a demurrer to the bill, defendant appeals. The facts are fully stated in the opinion of the court. There will be no limit to the issues that will arise in this case. Each man’s claim tried and determined by the chancellor separate and apart from all others. It can very readily be seen that the defense to one claim has no connection with or relation to the others. That the court can and will go outside of…
1Opinion of the CourtCook, J.
This case is the case of Williamson v. Telephone Co., 57 South. 559, with the parties in interest transposed, in the Williamson case the telephone company was threatened with a multitude of suits, while in the instant case a multitude of parties claiming damages against the. Newton Oil & Manufacturing Company filed their joint bill in the chancery court against appellant to avoid a multiplicity of suits. The bill alleges that appellant sold to each of the complainants, at different times, certain fertilizers guaranteed to contain certain elements necessary to the fertilization of the soil,…
2Cases cited2 opinions
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Cumberland Telephone & Telegraph Co. v. WilliamsonMississippi Supreme Court · 1910
3Cited by10 opinions
- Delta Construction Co. of Jackson v. City of JacksonMississippi Supreme Court · 1967
- Henry, Ins. Com'r v. DonovanMississippi Supreme Court · 1927
- Barrett v. CoulletMississippi Supreme Court · 1972
- Evans v. Progressive Casualty Insurance Co.Mississippi Supreme Court · 1974
- Field v. Layton & Layton, Inc.Court of Chancery of Delaware · 1928
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