McLendon v. Pass
Mississippi Supreme Court
Appeal from the circuit court of Grenada county. Hon. C. PI. Campbell, Judge. The facts appear, in the opinion of the court. contended that the two suits were independent of each other, arising out of two separate contracts, made at different times, and the case of Pittman v. Ohrisman, 59 Miss. 124, and cases cited therein, are conclusive of the right to maintain separate suits.
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Appeal from the circuit court of Grenada county. Hon. C. PI. Campbell, Judge. The facts appear, in the opinion of the court. contended that the two suits were independent of each other, arising out of two separate contracts, made at different times, and the case of Pittman v. Ohrisman, 59 Miss. 124, and cases cited therein, are conclusive of the right to maintain separate suits. The facts disclose a manifest attempt to evade the rule against the division of claims, the multiplicity of suits, and the unnecessary accumulation of costs; also an effort to gain a speedier trial than the proper…
1Opinion of the CourtCooper, J.
The appellants brought two suits against the appellee before a justice of the peace. In each case the sum demanded was less than one hundred and fifty dollars, but the sum of both exceeded that amount. The justice dismissed both suits for want of jurisdiction, and the plaintiffs having appealed to the circuit court, like judgments were rendered, from which this appeal is taken. The agreed facts are that plaintiffs rented to one Nook a certain farm for the year 1885, at the sum of one hundred dollars, and that the tenant failed to pay the rent, but sold the crops raised on the demised premises…
2Cases cited4 opinions
- Mobile & Ohio Railroad v. StateMississippi Supreme Court · 1875
- Pittman v. ChrismanMississippi Supreme Court · 1881
- Ash & Frank v. Lee & Co.Mississippi Supreme Court · 1875
- Scofield v. PensonsMississippi Supreme Court · 1853
3Cited by7 opinions
- Planters' Oil Mill v. Yazoo & M. v. R.Mississippi Supreme Court · 1929
- Rosso v. New York Life Ins. Co.Mississippi Supreme Court · 1930
- Drysdale v. Biloxi Canning Co.Mississippi Supreme Court · 1890
- Columbus & Greenville Ry. Co. v. Mississippi ClinicMississippi Supreme Court · 1929
- Rubenstein v. Foote-Patrick Co.Mississippi Supreme Court · 1928
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