Lucedale Commercial Co. v. Strength

The appellant filed suit in the court of a justice of the peace on account for fifty-four dollars and twenty-nine cents, alleged to be due it by the appellee, and recovered a judgment for thirteen dollars and twenty-one cents, from which it appealed to the circuit court. Before the case was heard on its merits in the circuit court, the appellant filed a motion to be permitted to take a nonsuit, and an order was entered sustaining the motion and dismissing the cause without prejudice.

Thereafter the appellant instituted a new suit in the justice court on the same cause of action, and was met by…