McCoy v. J. I. Case Threshing Machine Co.
Mississippi Supreme Court
Appeal from the chancery court of Scott county. HoN. Sam WhitmaN, Jr.., Chancellor. Suit by J. I. Case Threshing Machine Company against S. D. McCoy and others. From an order overruling a demurrer to the amended hill of complaint, defendant appeals. This is an appeal from an order of the chancery court overruling a demurrer to the amended bill of complaint filed by appellees herein.
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Appeal from the chancery court of Scott county. HoN. Sam WhitmaN, Jr.., Chancellor. Suit by J. I. Case Threshing Machine Company against S. D. McCoy and others. From an order overruling a demurrer to the amended hill of complaint, defendant appeals. This is an appeal from an order of the chancery court overruling a demurrer to the amended bill of complaint filed by appellees herein. The bill sought to set aside certain conveyances made by appellees as being fraudulent as against the rights of complainant, a creditor of the defendants. The bill charges that defendants S. D. McCoy and S. C.…
1Opinion of the CourtSmith, C. J.
Although appellees “had commenced proceedings at law for the recovery of the debt which is the foundation of the bill, this did not preclude them from prosecuting, at the same time, with the action at law, this bill to *14subject property fraudulently conveyed by tbe defendants.” Anderson v. Newman, 60 Miss. 532.
Tbe bill neither states a cause of action nor seeks any relief against G-. R. McCoy, so that he was improperly joined as a defendant. This misjoinder, however, should not result in the dismissal of the bill as to any of the defendants except G-. R. McCoy.
It is not necessary in order for…
2Cases cited1 opinion
- Anderson v. NewmanMississippi Supreme Court · 1882