Smith v. Bell

Decided January 22, 1883

Mississippi Supreme Court · decided 1883-01-22

Bill in chancery by appellant, Smith, against appellee, Bell. From a decree dismissing his bill, complainant appeals. The bill was for a cancellation of a deed held by Bell to certain lands described therein, as a cloud on complainant’s title, and was filed in tbe Chancery Court of Alcorn county in March, 1882.

Reversed and remanded, · Decided 1883-01-22

¶1Opinion.

Cooper, J.:

¶2The dismissal of a cause by the Chancery Court because of the failure of the complainant to comply with an order requiring security for costs is not an adjudication of the merits of the controversy, and cannot be pleaded in bar of a subsequent suit for the same matters.

¶3The decree of the chancellor is reversed, the plea of the defendant is disallowed, and the defendant is allowed thirty days after the mandate in the case shall have been filed in the court below to answer complainant’s bill.