N.W. Newell & Co. v. Bucyrus-Erie Co.

Citation199 So. 307
Decision Date23 December 1940
Docket Number34353.
PartiesN. W. NEWELL & CO. v. BUCYRUS-ERIE CO.
CourtUnited 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.

GRIFFITH, Justice.

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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