Hammond-Gregg Co. v. Bradley
Mississippi Supreme Court
Appeal from the chancery court of Clay county. HoN. A. J. McIntybe, Chancellor. Suit by J- E. Bradley against the Hammond-G-regg Co. From a decree overruling a demurrer to the bill, the defendant appeals. The facts are fully stated in the opinion of the court. In this argument, we shall confine ourselves to the fourth ground in the demurrer: There is no equity in the hill. A reading of the authorities cited will reveal a good discussion of the other grounds.
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Appeal from the chancery court of Clay county. HoN. A. J. McIntybe, Chancellor. Suit by J- E. Bradley against the Hammond-G-regg Co. From a decree overruling a demurrer to the bill, the defendant appeals. The facts are fully stated in the opinion of the court. In this argument, we shall confine ourselves to the fourth ground in the demurrer: There is no equity in the hill. A reading of the authorities cited will reveal a good discussion of the other grounds. The gravaman of appellee’s contention is that the clerk, through error, failed to enter the 'judgment at derm, and entered it some time…
1Opinion of the Court
Smith, O. J.,
delivered tbe opinion of the court.
This is an appeal to settle the principles of tbe case from a. decree overruling a demurrer to a bill.
Tbe bill alleges, in substance, that at the January term, 1916, of the circuit court of Clay county there was tried an action of assumpsit wherein the appellant was tbe plaintiff, and tbe appellee was tbe defendant, in which at tbe close of the evidence the court granted tbe plaintiff a peremptory instruction; tbe bill does not allege that no verdict was rendered by tbe jury, but does allege that no judgment was rendered by the court; that…
2Cases cited5 opinions
- Sackett v. RoseSupreme Court of Oklahoma · 1916
- Mitchell v. KintzerSupreme Court of Pennsylvania · 1847
- Childress v. CarleyMississippi Supreme Court · 1908
- Havird v. County CommissionersIdaho Supreme Court · 1890
- Birdsong v. DoddsMississippi Supreme Court · 1883
3Cited by4 opinions
- Simpson County v. BurkettMississippi Supreme Court · 1937
- Waldrop v. WhittingtonMississippi Supreme Court · 1952
- Williams v. StateMississippi Supreme Court · 1921
- Federal Land Bank v. Leflore CountyMississippi Supreme Court · 1934