Simpson v. Poindexter
| Decision Date | 06 November 1961 |
| Docket Number | No. 41940,41940 |
| Court | Mississippi Supreme Court |
| Parties | Wendell Wayne SIMPSON & Wife v. Earl F. POINDEXTER, Dennis Lewis & the City of Natchez. |
Carl A. Chadwick, W. L. Koerber, Natchez, for appellants.
J. H. Keyer, Natchez, Berger, Callon & Zuccaro, Natchez, for appellees.
Appellants contend on suggestion of error that we erred in that the opinion referred to Nash v. M. & O. Railroad Co., 149 Miss. 823, 116 So. 100, 59 A.L.R. 676, which held that a wife has no cause of action for loss of consortium.
The basis of our decision that the lower court was correct in sustaining the demurrer was the joining of two causes of action in one suit. We said in the last paragraph that the adjudication was not on the merits, but solely on form. The reference to the merits of the action for loss of consortium was unnecessary to the decision of the case and should be treated as dictum.
The suggestion of error is without merit on the other questions therein raised, and, therefore, it is overruled.
Suggestion of error overruled.
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