Armstrong v. Minkus
Mississippi Supreme Court
Erom the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Mrs. Minima, appellee, was plaintiff iii the court below; Armstrong, appellant, was defendant there. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. Appellee recovered a judgment against appellant in the state of Tennessee for money lost by her husband in dealing with appellant in “future” 'transactions.
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Erom the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Mrs. Minima, appellee, was plaintiff iii the court below; Armstrong, appellant, was defendant there. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. Appellee recovered a judgment against appellant in the state of Tennessee for money lost by her husband in dealing with appellant in “future” 'transactions. She brought a suit on this judgment in the circuit court of Lee county, Miss. On the trial of the case, that court overruled a demurrer to the defendant’s plea in bar. On appeal the supreme…
1Opinion of the CourtMayes, J.
In the case of Minkus v. Armstrong, 90 Miss. 751, 44 South. 32, 12 L. R. A. (N. S.) 873, this court merely held that at the *626time Mrs. Minkus instituted lier suit she had no right to sue, because the suit was brought before section 2303 of the Code of 1906 became effective, and because of this the suit was dismissed without prejudice. In rendering the above decision the court was simply redeclaring the law as held in the case of Lum v. Fauntleroy, 80 Miss. 757, 32 South. 290, 92 Am. St. Rep. 620. Since the decision of this case, above referred to, the case of Lum v. Fauntleroy, has been…
2Cases cited3 opinions
- Fauntleroy v. LumSupreme Court of the United States · 1908
- Lum v. FauntleroyMississippi Supreme Court · 1902
- Minkus v. ArmstrongMississippi Supreme Court · 1907
3Cited by1 opinion
- Monarch Refrigerating Co. v. FaulkSupreme Court of Alabama · 1934