Legal Opinion

A. K. McInnis Lumber Co. v. Rather

Mississippi Supreme Court

Decided March 15, 1916PublishedCited by 7 opinions

Appeal from the circuit court of Jones county. Hon. Paul B. Johnson, Judge. Suit by John Rather against A. K. Mclnnis Lumber Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

1Opinion of the CourtSmith, C. J.

This is an appeal from a judgment awarding appellee damages for an injury received by him while in appellant’s employ and by reason of its alleged negligence.

Before pleading to the declaration, appellant requested the court by motion to abate the suit, for the reason that:

“Pack & Collins, attorneys at law of Laurel, Mississippi, are necessary parties thereto in that on the 3d day of October, 1913, and before the filing of this suit, John Rather, the plaintiff herein, made, executed, and delivered to them an assignment of one-half interest in and to his cause of action against the defendant…

2Cases cited4 opinions

  1. Wren v. HoffmanMississippi Supreme Court · 1868
  2. N. O., J. & G. N. R. R. v. WallaceMississippi Supreme Court · 1874
  3. Wells v. Edwards House & City Railway Co.Mississippi Supreme Court · 1909
  4. McDonald v. MurphreeMississippi Supreme Court · 1871

3Cited by7 opinions

  1. Standard Life Ins. Co. of Indiana v. VealMississippi Supreme Court · 1977
  2. Cressler v. BrownSupreme Court of Oklahoma · 1920
  3. Sovereign Camp v. ColeMississippi Supreme Court · 1920
  4. Cressler v. BrownSupreme Court of Oklahoma · 1920
  5. J. M. Jones Lumber Co. v. Homochitto Development Co.Mississippi Supreme Court · 1932

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