Givens v. Southern Express Co.
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Horn Juro. L. Buckley, Judge. Suit by L. N. Givens against the Southern Express. Company. From a judgment for the defendant, plaintiff appeals. The facts are fully stated in the opinion of the court, We desire to call the court’s particular attention to the fact that the motion for costs was made by the defendant, not by the officers of the court, and not on their behalf.
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Appeal from the circuit court of Lauderdale county. Horn Juro. L. Buckley, Judge. Suit by L. N. Givens against the Southern Express. Company. From a judgment for the defendant, plaintiff appeals. The facts are fully stated in the opinion of the court, We desire to call the court’s particular attention to the fact that the motion for costs was made by the defendant, not by the officers of the court, and not on their behalf. To uphold the action of the court it will be necessary to write out of the statutes section 1938 of the Code of 1906. That statute reads as follows: “How testimony of…
1Opinion of the CourtCook, J.
Appellant sued appellee for an alleged libel; his declaration was filed August 19, 1911. With the declaration was filed interrogatories to the appellee, and service of same was had on the same day. On the return day of the court in which the suit was instituted, September 23, 1911, appellee made a motion that appellant be required to give security for costs. On the 25th day of September appellant moved the court to strike from the files the motion for costs, because appellee had not answered the interrogatories addressed to it under section 1938, *841Code 1906. This motion was overruled by the…
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