Norris v. Burnett
Decision Date | 07 December 1914 |
Docket Number | 16551 |
Court | Mississippi Supreme Court |
Parties | NORRIS v. BURNETT et al |
APPEAL from the chancery court of Hinds county. HON. P. Z JONES Chancellor.
On motion to correct judgment in supreme court.
The facts are fully stated in the opinion of the court.
Appeal overruled.
Wells & Wells, for appellant.
Alexander & Alexander, for appellee.
On a former day of the present term of this court, the decree of the court below was affirmed, and the cause remanded. Appellees now "move the court to amend and correct the judgment entered by this court on the affirmance of the above-styled cause by dismissing the original bill of complaint." The decree of the court below is as follows:
The contention of counsel for appellant is that this is an appeal from a final and not an interlocutory decree, and therefore there is no occasion for remanding the cause to the court below for further proceeding. It is true that ordinarily, when a demurrer to a bill is sustained and no leave to amend is requested, a dismissal follows as a matter of course, and the failure of a decree to expressly so provide will not prevent it from being in substance and effect a decree dismissing the bill. Jacobs v Insurance Co., 71 Miss. 656, 15 So. 639; Moore v. Evans, 98 Miss. 855, 54 So. 438. The decree here under consideration, however, does more than merely sustain the demurrer, for it also grants an appeal to settle the principles of the cause. Had such an appeal not been granted appellants would have been compelled to elect between submitting to a final decree, or amending their bill so as to meet the objection raised thereto by...
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