Hanes v. Planters' Cotton-Press, Storage, & Transfer Ass'n
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. The plaintiff in error brought an action against the Planters’ Cotton-Press, Storage, and Transfer Association and John A. Klein and W. A. Fairchild, upon a bond reciting the following conditions: “The condition of the above is such that, whereas, in a case pending in the Chancery Court of Warren County, wherein said Planters’ Cotton-Press, Storage, and Transfer Association was complainant, and Milton…
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Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. The plaintiff in error brought an action against the Planters’ Cotton-Press, Storage, and Transfer Association and John A. Klein and W. A. Fairchild, upon a bond reciting the following conditions: “The condition of the above is such that, whereas, in a case pending in the Chancery Court of Warren County, wherein said Planters’ Cotton-Press, Storage, and Transfer Association was complainant, and Milton Coates, cotton-weigher of the city of Vicksbui’g, was defendant, a decree was rendered, on the 14th day of January, 1874,…
1Opinion of the CourtCampbell, J.
If the bond sued on in this action is anything more than an *656appeal bond, this action is not maintainable, because plaintiff has heretofore had a recovery on it by a judgment of this court for costs against the obligors, and it is not allowable “ to split up the various' covenants or promises contained in one contract, and to recover upon each separately.” Freem. on Judg., sec. 240.
Judgment affirmed.
2Cited by2 opinions
- Williams v. Mid-South Paving Co.Mississippi Supreme Court · 1946
- State ex rel. Hinds County v. MorrisonMississippi Supreme Court · 1882