Currie v. Bennette
Mississippi Supreme Court
Appeal from the chancery court of Harrison county. Hon. J. M. Stevens, Chancellor. Suit by Annette Currie against J. F. Bennette, administrator of B. I). Currie, deceased. From a decree-granting insufficient relief, plaintiff appeals. On motion to dismiss. The facts are fully stated in the opinion of the court.
1Opinion of the CourtSmith, C. J.
This is an appeal from a decree in the court below awarding appellant the recovery of a sum of money less-than that to which she claims to be entitled. The cause now comes on to be heard on a motion by appellee to dismiss, which motion, by agreement, has been converted into a plea in bar, for the reason that since the rendition of the decree appealed from appellee had paid to appellant the full amount of money thereby awarded her. This payment was made by appellee pursuant to a request of appellant so to do; and, while appellee claims to have been at the time under the impression that no…
2Cases cited1 opinion
- Meaders v. GrayMississippi Supreme Court · 1882
3Cited by2 opinions
- Davis v. Noblitt & Capers Elec. Co., Inc.Mississippi Supreme Court · 1992
- Currie v. BennettMississippi Supreme Court · 1916