Wally v. L. N. Dantzler Lumber Co.
Mississippi Supreme Court
Appeal from the chancery court of Green Connty. ‘HoN. W. M. DeNNY, Chancellor. Suit by the L. N. Dantzler Lumber Company against W. W. Wally and R. W. Wally. From a decree overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court. The case of Washington i\ Sorai, 73 Miss. 665, is an authority for the appellant.
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Appeal from the chancery court of Green Connty. ‘HoN. W. M. DeNNY, Chancellor. Suit by the L. N. Dantzler Lumber Company against W. W. Wally and R. W. Wally. From a decree overruling a demurrer to the bill, defendants appeal. The facts are fully stated in the opinion of the court. The case of Washington i\ Sorai, 73 Miss. 665, is an authority for the appellant. That was a suit upon a deed, against the grantee therein, in which deed it showed upon the face thereof that one thousand dollars of the purchase money was unpaid. Suit was upon a written contract, which expressly showed the…
1Opinion of the CourtSteveNS, J.
This is the second appeal of this case. The opinion of this court as reported in 114 Miss. 601, 75 So. 433, *712has a full statement of the pleadings as then presented. We sustained a demurrer to the original bill, but remanded the cause with leave to complainant to file an amende ^ bill. After the cause was remanded to the chancery court, an amendment to the bill was filed, and complainant by this amendment seeks to recover upon certain checks and drafts, some of which are made exhibits, while others are alleged to have been lost. After the amendment, appellants renewed their demurrer to the…
2Cases cited11 opinions
- Washington v. SoriaMississippi Supreme Court · 1896
- Masonic Benefit Ass'n v. First State BankMississippi Supreme Court · 1911
- Cock v. AbernathyMississippi Supreme Court · 1900
- Fowlkes v. LeaMississippi Supreme Court · 1904
- Lehman v. PoweMississippi Supreme Court · 1909
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3Cited by4 opinions
- First Nat. Bank of Laurel v. JohnsonMississippi Supreme Court · 1936
- Federal Land Bank v. CollinsMississippi Supreme Court · 1930
- Warren Godwin Lumber Co. v. Lumber Mineral Co.Mississippi Supreme Court · 1919
- First Nat. Bank & Trust Co. v. PriceSupreme Court of Oklahoma · 1940