May v. Hubbard
Mississippi Supreme Court
From the chancery court of Simpson county. Hon. James L. McCaskill, Chancellor. May, appellant, was complainant in the court below; Hubbard, appellee," was defendant there. From a decree in defendant’s favor complainant appealed to the supreme court. In July, 1906, appellant instituted this suit against appellee, averring in his bill that he owned certain land in the county; and prayed relief in respect to it.
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From the chancery court of Simpson county. Hon. James L. McCaskill, Chancellor. May, appellant, was complainant in the court below; Hubbard, appellee," was defendant there. From a decree in defendant’s favor complainant appealed to the supreme court. In July, 1906, appellant instituted this suit against appellee, averring in his bill that he owned certain land in the county; and prayed relief in respect to it. Defendant demurred to the' bill, and the cause was at the ensuing October term of chancery, court taken under advisement by the court. The record does not show that any further action…
1Opinion of the CourtMayes, J.
The court was only warranted in this case in entering a judgment of dismissal. No other question was presented for decision, and no other judgment ought to have beee entered. The court however, not only entered a judgment dismissing the case on motion of the defendant for failure on part of complainant to prosecute the case, but went further, and confirmed the title of defendant to the property in question. This action of the court on this record was clearly without authority.
The action of the court is sustained in so far as it disipisses the cause of action, and reversed and decree here…
2Cited by3 opinions
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