Citizens Bank of Hattiesburg v. Tracy
Mississippi Supreme Court
Appeal from the chancery court of Forest county. Hon. "W. M. Denny, Chancellor. Bill for discovery by A. R. Tracy against the Citizens Bank of Hattiesburg. From a decree overruling a demurrer to the bill, defendant appeals. A. R. Tracy, the appellee, brought a suit in the circuit court of Forrest county.
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Appeal from the chancery court of Forest county. Hon. "W. M. Denny, Chancellor. Bill for discovery by A. R. Tracy against the Citizens Bank of Hattiesburg. From a decree overruling a demurrer to the bill, defendant appeals. A. R. Tracy, the appellee, brought a suit in the circuit court of Forrest county. Miss., to recover the principal and interest of a loan which he alleged was made to certain persons by the Citizens’ Bank, on which loan he alleges the Citizens’ Bank charged more than twenty per cent, interest per annum. Tracy claims that he holds the claim by assignment, hut does not state…
1Opinion of the Court
Holden, J.,
delivered the opinion .of the court.
The remedy afforded by. section 1003, .Code of 1906 (section 723, Hemingway’s Code) is not exclusive. A party litigant in the circuit court may resort to the remedy given by the above section in order to compel the production of evidence to be used in the trial of the case, or he may file a bill in the chancery court for discovery in aid of his suit at law. The above-mentioned statute might furnish the same adequate relief that is obtainable by a bill of .discovery, but nevertheless it is only a cumulative or an additional remedy of discovery to…
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