Sudberry v. Meridian Fertilizer Factory
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. HoN. Jiro. L. Buckly, Judge. Suit by Julia Sudberry and others against the Meridian Fertilizer Factory. From an order sustaining defendant’s demurrer to the replication, the plaintiffs appeal. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Lauderdale county. HoN. Jiro. L. Buckly, Judge. Suit by Julia Sudberry and others against the Meridian Fertilizer Factory. From an order sustaining defendant’s demurrer to the replication, the plaintiffs appeal. The facts are fully stated in the opinion of the court. We are perfectly aware of the holding of the court in several cases to the effect that the decision of a court of competent jurisdiction upon the merits precludes all parties in interest. Nowhere does the court hold that a judgment procured by fraud or a judgment not “upon the merits” precludes…
1Opinion of the CourtCook, J.
Appellants sued appellee for negligently causing the death of William Sudberry, the minor son of one of the plaintiffs, the brother of the others. Defendant, appel-lee here, interposed the plea of not guilty, and also filed a special plea in bar, which plea avers that the plaintiffs and Wm. Sudberry, Sr., father of the deceased, had, before the institution of this suit, filed an action for the same cause of action before a justice of the peace, that final judgment was rendered in that suit against appel-lee, and that the judgment‘had been satisfied. To this plea in bar appellants replied by…
2Cited by4 opinions
- Alack v. PhelpsMississippi Supreme Court · 1970
- McCraney v. New Orleans & N. E. R.Mississippi Supreme Court · 1922
- Rowe v. FairMississippi Supreme Court · 1930
- Annie Plummer Evans v. James Walter Cheatwood and Anchor Petroleum CompanyCourt of Appeals for the Fifth Circuit · 1964