J. J. Newman Lumber Co. v. Scipp
Mississippi Supreme Court
Appeal from circuit court of Lamar county. Hon. G. Wood Magee, Special Judge. Action by Fannie Scipp against the J. J. Newman Lumber Company. Judgment for plaintiff, and defendant appeals. The plea in abatement set up a good, complete defense to the declaration sued on in the instant case. The allegations thereof were full and complete.
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Appeal from circuit court of Lamar county. Hon. G. Wood Magee, Special Judge. Action by Fannie Scipp against the J. J. Newman Lumber Company. Judgment for plaintiff, and defendant appeals. The plea in abatement set up a good, complete defense to the declaration sued on in the instant case. The allegations thereof were full and complete. It alleged.that the said suit ivas a prior suit involving the same cause of action and subject-matter and substantially the same parties, and that it was pending in a court of competent jurisdiction. Appellee’s demurrer to this plea admitted all the facts so…
1Opinion of the CourtHolden, J.
The appellee, Fannie Scipp,. as the wife and sole heir of Charlie Scipp, deceased, recovered judgment for two thousand dollars against appellant, Newman Lumber Company, in the circuit court of Lamar county for the death of her husband, Charlie Scipp, who, it is alleged, was killed through the negligent operation of the log trains of appellant, and from this judgment this appeal is prosecuted.
The appellant presents one ground for reversal, and that is the lower court erred in maintaining jurisdiction and proceeding to judgment in the case,. because the action should have been abated for the…
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