May v. Hubbard

Decided March 15, 1909

Mississippi Supreme Court · decided 1909-03-15

From the chancery court of Simpson county. Hon. James L. McCaskill, Chancellor. May, appellant, was complainant in the court below; Hubbard, appellee, was defendant there. From a decree in defendant’s favor complainant appealed to the supreme court. In July, 1906, appellant instituted this suit against appellee, averring in his bill that he owned certain land in the county; and prayed relief in respect to it.

Good law ✅— No negative treatment on recordhow we know

Decided 1909-03-15

How this case has been cited

Cited by 3 later decisions — most recently September 1983

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mayes, J.,

¶1delivered the opinion of the court.

¶2The court was only warranted in this case in entering a judgment of dismissal. No other question was presented for decision, and no other judgment ought to have beee entered. The court however, not only entered a judgment dismissing the case on motion of the defendant for failure on part of complainant to prosecute the case, but went further, and confirmed the title of defendant to the property in question. This action of the court on this record was clearly without authority.

¶3The action of the court is sustained in so far as it disipisses the cause of action, and reversed and decree here modifying the judgment in so far as it confirms defendant’s title. The cost of appeal is taxed against appellee.

¶4Reversed.