Cedar Rapids National Bank v. Murray
Mississippi Supreme Court
From the circuit court of Rankin county. Hon. 0. L. Dobbs, Judge. The National Bank, appellant, was plaintiff in the court below; Murray, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts as stated by Anderson, J., were as follows: Appellant, Cedar Rapids National Bank, sued the ap pellee, Berry Murray, in the circuit court on a. promissory note.
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From the circuit court of Rankin county. Hon. 0. L. Dobbs, Judge. The National Bank, appellant, was plaintiff in the court below; Murray, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts as stated by Anderson, J., were as follows: Appellant, Cedar Rapids National Bank, sued the ap pellee, Berry Murray, in the circuit court on a. promissory note. After the cause was at issue, the appellant failing to answer interrogatories propounded to0 it under section 1938 of the Code of 1906, a judgment was entered dismissing its cause.…
1Opinion of the CourtAnderson, J.
Section 1938 of the Code of 1906 is in the following language: “If the testimony of the party to the suit who resides out of the state be desired by the adverse party, interrogatories to. him may be filed in the clerk’s office, and a copy thereof, with notice of filing, shall be given the party, or his attorney or solicitor; and if he fail to answer such interrogatories within a reasonable time, his plea shall be dismissed, if he be plaintiff or complainant, and if he be defendant his plea or answer may be taken off the file and judgment by default entered, or the bill be'taken as confessed.”
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2Cited by2 opinions
- Williams v. WhitfieldMississippi Supreme Court · 1964
- Robinson v. HemphillMississippi Supreme Court · 1969