Northern v. Scruggs
Mississippi Supreme Court
Appeal from the chancery court of Monroe county. Hon. A. J. McIntyre, Chancellor. Bill by Mrs. J. H. Scruggs against H. A. Brazill and others. From an order of the chancellor sustaining an order of the clerk in vacation dismissing the bill, defendants, other than Brazil, appeal. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Monroe county. Hon. A. J. McIntyre, Chancellor. Bill by Mrs. J. H. Scruggs against H. A. Brazill and others. From an order of the chancellor sustaining an order of the clerk in vacation dismissing the bill, defendants, other than Brazil, appeal. The facts are fully stated in the opinion of the court. The general rule as to the plaintiff’s absolute right to take a nonsuit is' "that he may dismiss his suit at any time before the jury retire to consider of its verdict;” which general rule has been made a statutory rule by section 802, Code 1906, and made…
1Opinion of the CourtStevens, J.
Appellee, Mrs. J. H. Scruggs, in December, 1908, filed her original bill of complaint in this cause against H. A. Brazill, Irene Brazill, Minta W. Brazill, Ethel *367Brazill, and John P. Brazill, the husband and minor children of Mrs. Laura T. Brazill, now deceased. In her bill it is averred that H. A. Brazill and his wife, Laura T. Brazill, executed and delivered to C. R. Sykes, trustee, for the use and benefit of Mrs. G. A. Sykes, a deed of trust upon the three hundred and eighty acres of land, the property involved in this suit, to secure an indebtedness of two thousand five hundred dollars…
2Cases cited7 opinions
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Price v. CroneMississippi Supreme Court · 1870
- Stevens v. The RailroadsUnited States Circuit Court · 1880
- Adams v. Lucedale Commercial Co.Mississippi Supreme Court · 1917
- Miller v. PalmerMississippi Supreme Court · 1877
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- Scruggs v. NorthernMississippi Supreme Court · 1920