Legal Opinion

Mitchell v. Bank of Indianola

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 4 opinions

Appeal from the chancery court of Leflore county. Hon. M. B. Denton, Chancellor. Bill by D- E. Mitchell against the Bank of Indianola et al.. From a decree sustaining a demurrer and dismissing the bill, complainant appeals. The facts are fully stated in the opinion of the court. Counsel for the appellee are pleased to take one part of complainant’s bill and to assert that the part they select is that, by virtue of -which the Bank of Indianola is sought to be held liable.

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Appeal from the chancery court of Leflore county. Hon. M. B. Denton, Chancellor. Bill by D- E. Mitchell against the Bank of Indianola et al.. From a decree sustaining a demurrer and dismissing the bill, complainant appeals. The facts are fully stated in the opinion of the court. Counsel for the appellee are pleased to take one part of complainant’s bill and to assert that the part they select is that, by virtue of -which the Bank of Indianola is sought to be held liable. If the part selected was the only averment of the bill upon which it was sought to hold the bank and the other defendants,…

1Opinion of the CourtAnderson, J.

The appellant, D. E. Mitchell, filed his bill in the chancery court of Leflore county, against the appellees, the Bank of Indianola, A. F. Gardner, Mrs. J. E. Gardner, Mrs. M. L. Pitts, T. R. Henderson, W. M. Hamner, and R. V. Pollard, to which bill appellees demurred, which *667demurrer was sustained, and bill dismissed, from which decree this appeal is prosecuted. The bill sets up substantially these facts: That appellant, Mitchell, on the 29th day of May, 1905, deposited with' the appellee the Bank of Indianola, the sum of nine thousand five hundred dollars, to be held by such bank in trust…

2Cases cited3 opinions

  1. Oelrichs v. SpainSupreme Court of the United States · 1872
  2. Clews v. JamiesonSupreme Court of the United States · 1901
  3. Marvin v. . BrooksNew York Court of Appeals · 1883

3Cited by4 opinions

  1. McClendon v. Mississippi State Highway CommissionMississippi Supreme Court · 1949
  2. Thames v. HolcombMississippi Supreme Court · 1957
  3. Hook v. Bank of LelandMississippi Supreme Court · 1924
  4. Johnson v. JohnsonMississippi Supreme Court · 1924

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