N.W. Newell & Co. v. Bucyrus-Erie Co.
Citation | 199 So. 307 |
Decision Date | 23 December 1940 |
Docket Number | 34353. |
Parties | N. W. NEWELL & CO. v. BUCYRUS-ERIE CO. |
Court | United States State Supreme Court of Mississippi |
Appeal from Chancery Court, Pike County; R. W. Cutrer, Chancellor.
" Not to be reported in State Reports."
Action by the Bucyrus-Erie Company against N.W. Newell & Company and another. From an adverse order, the named defendant appeals.
Appeal dismissed.
Roach & Jones, of McComb, for appellant.
A. J. Street, of McComb, for appellee.
There are two defendants to the bill of complaint. One of them demurred and at the same time moved to quash the writ of sequestration. There was no answer by the other defendant and no decree pro confesso. However erroneous the action of the chancery court may have been in overruling the demurrer and the motion to quash, all that the parties had to do to ascertain that no interlocutory appeal by one of the defendants could be entertained, would have been to read the cases Federal Land Bank v. Kimbriel, 174 Miss. 153, 163 So. 501; Liberty Trust Co. v. Planters' Bank, 155 Miss. 721, 124 So. 341, and Wirtz v. Gordon, 175 Miss. 726, 168 So. 74.
Appeal dismissed.
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N.W. Newell & Company v. Illinois Powder Mfg Co.
... ... McGOWEN, Justice ... This ... case is ruled by the case of N. W. Newell & Company v ... Bucyrus-Erie Company, 199 So. 307, this day decided by ... this Court, and the authorities therein cited ... Appeal ... ...