American Ry. Express Co. v. Roby
Mississippi Supreme Court
Appeal from circuit court of Attala county. Hon. T. L. Lamb, Judge. Action by G. C. Moby and others against the American Mailway Express Company. Judgment for plaintiffs, and defendant appeals.
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Appeal from circuit court of Attala county. Hon. T. L. Lamb, Judge. Action by G. C. Moby and others against the American Mailway Express Company. Judgment for plaintiffs, and defendant appeals. The circuit court erred in overruling the plea in abatement filed in said cause, and the said plea should have been sustained; certainly, in this case, it is appellate as to G. C. Moby and original as to J. H. Fisher, who could, not, though a necessary party, be joined, as a party plaintiff, and make a new action especially as to him, in circuit court, when the justice of the peace court has…
1Opinion of the CourtSmith, C. J.
This cause originated in the court of a justice of the peace and after judgment there Avas appealed to the circuit court. The appellees delivered to the appellant at Kosciusko, Miss., a lot of pink root of the value of one hundred and fifty, dollars for transportation to S. B. Pinnick Company, Asheville, N. C. The pink root Avas transported accordingly; but, Avhen offered to the consignee by the appellant, it appeared to be damaged, for Avhich reason the consignee refused to receive it. What disposition the appellant finally made of the pink root does not appear, but this action Avas…
2Cases cited3 opinions
- Jones v. R. L. Clemmer & SonMississippi Supreme Court · 1910
- McCue v. MasseyMississippi Supreme Court · 1907
- Mississippi Central Railroad v. MaplesMississippi Supreme Court · 1914
3Cited by2 opinions
- Sam v. AllenMississippi Supreme Court · 1929
- Guynn v. BrondumMississippi Supreme Court · 1953