Harris v. Duckworth

Decided March 15, 1915

Mississippi Supreme Court · decided 1915-03-15

Hon. D. A. McIntosh, Special Judge. Suit by A. C. Duckworth against W. H, Harris and Covington county. From a judgment for plaintiff, defendants appeal. The facts are these: Harris had entered into a contract with the county of Covington for the construction of a public road, and in the course of its performance he sublet a portion of the work to Duckworth'.

Decided 1915-03-15

Smith, C. J.,

¶1delivered the opinion of the court.

¶2No judgment should have been rendered against the county of Covington in the court below, not only because the county had been formally dismissed as a party defendant,- but for the further reason that the evidence disclosed no liability on its part.

¶3The judgment of the court below is reversed, and the cause dismissed, in so far as it affects the county. In all other respects the judgment is affirmed, and will remain in full force and effect.

¶4Affirmed.