Hibernia Bank & Trust Co. v. Beech
Mississippi Supreme Court
Appeal from the circuit court of Lamar county. HoN. A. E. Weathersby, Judge. Suit in ejectment by the Hibernia Bank & Trust Company against William Beech. From a decree denying plaintiff motion to dismiss without prejudice, and sustaining defendants’ motion to dismiss because plaintiff had failed to answer interrogatories, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Lamar county. HoN. A. E. Weathersby, Judge. Suit in ejectment by the Hibernia Bank & Trust Company against William Beech. From a decree denying plaintiff motion to dismiss without prejudice, and sustaining defendants’ motion to dismiss because plaintiff had failed to answer interrogatories, plaintiff appeals. The facts are fully stated in the opinion of the court. In the outset we wish to say that if this were an •ordinary dismissal and was such a one as to constitute a dismissal without prejudice, we would have nothing to complain of. However, the court in…
1Opinion of the CourtCook, P. J.
The appellant, a foreign corporation, instituted an action in ejectment against the appellee, returnable to the November term, 1917, of the circuit, court pf Lamar county, which term began November 26th. Appellee filed his plea fifteen days before the beginning of the term, and filed therewith certain interrogatories to be answered by.the appellant, under section 1938, Code of 1906 (section 1598. Hemingway’s Code). Two days before the court convened appellant sold the land described in the declaration, and thereupon filed a motion asking leave to dismiss its suit, without prejudice, for the…
2Cases cited1 opinion
- McLean v. LetchfordMississippi Supreme Court · 1882
3Cited by2 opinions
- Harkins v. PaschallMississippi Supreme Court · 1977
- Merchants' Grocery Co. v. Merchants' Trust & Banking Co.Mississippi Supreme Court · 1918