City of Jackson v. Hardy

Gilbert, Justice.

M. 0. Hardy brought an equitable action against the City of Jackson. A demurrer was overruled, and the defendant excepted. After the hearing of evidence, judgment was rendered in favor of the plaintiff, and the defendant excepted. After the bill of exceptions had been signed and certified by the presiding judge, and after this court had acquired jurisdiction of the case, the plaintiff dismissed his case in the lower court without the knowledge or consent of the defendant. Thereupon as defendant in error he filed a petition in this court, reciting that the original cause had…