Southern Railway Co. v. Buckeye Cotton Oil Co.
Mississippi Supreme Court
Appeal from chancery court of Leflore county. Hon. G. E. Williams, Chancellor. Suit by the Buckeye Cotton Oil Company against the Southern Railway Company in Mississippi. From a decree overruling a demurrer to the bill defendant appeals. The first ground of demurrer is: “Because the defendant is a corporation and the bill does not join the secretary or some other officer of the defendant company, as a co-defendant.”
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Appeal from chancery court of Leflore county. Hon. G. E. Williams, Chancellor. Suit by the Buckeye Cotton Oil Company against the Southern Railway Company in Mississippi. From a decree overruling a demurrer to the bill defendant appeals. The first ground of demurrer is: “Because the defendant is a corporation and the bill does not join the secretary or some other officer of the defendant company, as a co-defendant.” Examination of the bill, will reveal that the above ground is true in fact. We submit that it is well taken. On this ground we submit and cite: Virginia & Alabama Mining & Mfg.…
1Opinion of the CourtAnderson, J.
This is a bill filed in the chancery court of Leflore county by the appellee, the Buckeye Cotton Oil Company, against the appellant, the Southern Railway Company in Mississippi, to recover demurrage charges alleged by the appellee to have been wrongfully and illegally collected from it by the appellant, and seeking discovery from the appellant in aid of its suit. The bill was demurred to by the appellant ánd a decree rendered overruling the demurrer and granting an appeal therefrom to settle the principles of the cause.
The bill alleges, in substance, the following facts: That the appellant,…
2Cited by4 opinions
- Gulf, M. & N. R. v. Riverside Brick & Mfg. Co.Mississippi Supreme Court · 1926
- Lexington Compress & Oil Mill Co. v. Yazoo & M. V. R.Mississippi Supreme Court · 1922
- Wood Naval Stores Export Ass'n v. LatimerMississippi Supreme Court · 1956
- Brookhaven Lumber & Mfg. Co. v. Mississippi Cent. R.Mississippi Supreme Court · 1928