Merchants' Grocery Co. v. Merchants' Trust & Banking Co.
Mississippi Supreme Court
Appear from thp chancery court of Forrest county. HoN. Will DeNNY, Jr., Chancellor. Suit by the Merchants’ Grocery Company against the Merchants’ Trust & Banking Company. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court.
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Appear from thp chancery court of Forrest county. HoN. Will DeNNY, Jr., Chancellor. Suit by the Merchants’ Grocery Company against the Merchants’ Trust & Banking Company. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court. The appellee here stands in the remarkable position of haying refused to answer the questions propounded for the discovery in the court below, and thereby secured a decree in its behalf by virtue of said wrongful act and conduct. It now stands before this court and arrogantly asserts that it should escape a reversal here…
1Opinion of the CourtSmith, C. J.
This is 'an attachment in chancery in which there was a decree in the court below for the defendant. The appellant was the complainant and the appellee was the defendant in the court below, and they will be hereinafter so designated. Counsel for the complainant assigns several reasons for a reversal of the decree appealed from, all of which are without merit, and only one of which will be specially noticed here.
When the cause came on for trial, the complainant moved the court to strike the answer of the defendant from the files, and to render a decree pro confesso against it under section…
2Cases cited3 opinions
- McLean v. LetchfordMississippi Supreme Court · 1882
- Givens v. Southern Express Co.Mississippi Supreme Court · 1914
- Hibernia Bank & Trust Co. v. BeechMississippi Supreme Court · 1918
3Cited by1 opinion
- Robinson v. HemphillMississippi Supreme Court · 1969