Darrill v. Dodds
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. Frank E. Larkin, Judge. The appellant, Darrill, was plaintiff, and appellees, Dodds and others, were defendants in the court below. The opinion of the court states the case. There was no written notice of the nonjoinder filed with defendant’s plea, as is required by § 664, code of 1892, and if there had been, the declaration could have been amended without working any hardship on defendants.
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From the circuit court of Sunflower county. Hon. Frank E. Larkin, Judge. The appellant, Darrill, was plaintiff, and appellees, Dodds and others, were defendants in the court below. The opinion of the court states the case. There was no written notice of the nonjoinder filed with defendant’s plea, as is required by § 664, code of 1892, and if there had been, the declaration could have been amended without working any hardship on defendants. Plaintiff was not required to show such title in this action as would be necessary in ejectment. Plaintiff, by her husband, exercised ownership and control…
1Opinion of the CourtTerral, J.
Mrs. Mattie Darrill, owning a one-third interest in the south half of the north half of section 34, township 21, range 3, west, in Sunflower county, sued R. E. Dodds & Bros., the first count being in debt and claiming therein the sum of $3,735, the statutory penalty for cutting down and carrying away from said land forty-four ash trees and 205 oak trees at fifteen dollars per tree; the second count being in assumpsit for the sale of said trees by plaintiff to defendants for a reasonable price, and alleging said trees to be reasonably worth $3,735. The defendants had a verdict and judgment by…
2Cases cited2 opinions
- Dejarnett v. HaynesMississippi Supreme Court · 1852
- Ware v. CollinsMississippi Supreme Court · 1858
3Cited by13 opinions
- Yazoo M.V.R. Co. v. SideboardMississippi Supreme Court · 1931
- Barham v. Bank of DelightSupreme Court of Arkansas · 1910
- Cooper v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1903
- Jones v. McFarlandMississippi Supreme Court · 1937
- Duett v. Pine Mfg. Co.Mississippi Supreme Court · 1950
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