Kelly v. Howard
Mississippi Supreme Court
Appeal from the chancery court of Warren county. Hon. E. N. Thomas, chancellor. This was a bill of interpleader by R. M. Kelly, sheriff, against Alena Howard et al. E'rom a judgment dismissing the bill the sheriff and others appeal.
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Appeal from the chancery court of Warren county. Hon. E. N. Thomas, chancellor. This was a bill of interpleader by R. M. Kelly, sheriff, against Alena Howard et al. E'rom a judgment dismissing the bill the sheriff and others appeal. The facts are fully stated in the opinion of the court, The sole question for decision is whether, under the state of facts as shown by this record, the sheriff was warranted, under our practice, in filing the bill to compel the parties interested to interplead among themselves. It is an interesting" one, and' has never been the subject of decision in this state;…
1Opinion of the CourtMayes, C. J.
While the pleadings in this case are voluminous, it is not necessary to set them out in full in order to state the question presented for decision by this record. The case 'is substantially as follows, viz.: It appears that in 1908 one Henry Howard was a fireman on the Yazoo & Mississippi V'alley Eailroad, and while so employed was negligently killed in a collision which occurred on the above line of railway on the 3rd day of November, 1908. Some time in 19091 Alena Howard, wife of Henry Howard at the time of his death, instituted a suit, as sole plaintiff, against the railroad company for…
2Cases cited2 opinions
- Pickens v. Illinois Central RailroadMississippi Supreme Court · 1908
- Foster v. HicksMississippi Supreme Court · 1908
3Cited by9 opinions
- Howard v. KellyMississippi Supreme Court · 1916
- Thames v. Mississippi Ex Rel. ShoemakerCourt of Appeals for the Fifth Circuit · 1941
- Koehring Co. v. Hyde Construction Co.Court of Appeals for the Seventh Circuit · 1970
- St. Louis-S. F. Ry. Co. v. ThompsonSupreme Court of Oklahoma · 1929
- Barnett v. BarnettMississippi Supreme Court · 1929
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