Gully v. Bew

ON SUGGESTION OF ERROR.

Appellant contends that our original opinion overrules Miller v. Tucker, 142 Miss. 146, 105 So. 774, and does not follow Paxton v. Baum, 59 Miss. 531. There is no doubt that Miller v. Tucker has apparently given the bar much trouble, but it should no longer do so in view of what the court en banc said of it in National Surety Co. v. Miller, 155 Miss. 115, 131, 124 So. 251. There has never been any purpose in any of these cases, nor in the present cases, to depart from Paxton v. Baum, and we now expressly reaffirm everything said in that case.

We said in our original…