Murphy v. American Soda Fountain Co.
Mississippi Supreme Court
FROM the chancery court of Harrison county. Hon. Ti-taddeus A. Wood, Chancellor. The American Soda Fountain Company, the appellee, wasi complainant in the court below; Thaddeus L. Murphy and another, doing business under the firm name of Murphy & Company, and others, appellants, were defendants there. From a decree, in complainant’s favor the defendants appealed to the supreme court.
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FROM the chancery court of Harrison county. Hon. Ti-taddeus A. Wood, Chancellor. The American Soda Fountain Company, the appellee, wasi complainant in the court below; Thaddeus L. Murphy and another, doing business under the firm name of Murphy & Company, and others, appellants, were defendants there. From a decree, in complainant’s favor the defendants appealed to the supreme court. The object of the suit was to restrain the Gulf & Ship Island Railroad Company from paying a judgment rendered against it in favor of Murphy & Company for the loss and destruction of a soda-water fountain which…
1Opinion of the CourtTbuly, J.
The chancellor did not err in permitting the amendment to the bill of complaint, bringing in Barber & Mize as defendants, to be made after the motion to dissolve had been filed, and in considering the amendment iu connection with the original bill upon the hearing of the motion. Alcorn v. Alcorn, 76 Miss., 907 (25 South. Rep., 877). The amendment was rendered imperative by the allegation in the original answer filed by Murphy & Company. That answer set up as a defense the 'fact that the judgment in question was not the property of the respondents, but of third persons — Barber & Mize — to…
2Cases cited2 opinions
- Alcorn v. AlcornMississippi Supreme Court · 1899
- Loeb v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1883
3Cited by1 opinion
- General Motors Acceptance Corp. v. New Orleans & G. N. R. R.Mississippi Supreme Court · 1930