Pollard v. Phalen

Decided October 15, 1910

Mississippi Supreme Court · decided 1910-10-15

From the chancery court of Holmes county. Hon. James F. MoCool, Chancellor. Phalen and others, appellees, were complainants in the court below; Pollard and others, appellants, were defendants there. From a decree overruling the defendants’ demurrer to the bill of complaint defendants appealed to the supreme court.

Cited by 2 later decisions — most recently January 1940

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1910-10-15

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Mates, C. J.,

¶1delivered the opinion of the court.

¶2This suit was brought in the wrong county, and the demurrer, on this ground, even if there was no other, ought to have been sustained and the bill dismissed. The suit is “respecting personal property” situated in Carroll county, and by virtue of section 561, Code 1906, should have been brought in that county. Having said this much, and because the case must be reversed and bill dismissed on the above ground, we proceed to say that the court should also have sustained the demurrer and dismissed the bill of complaint, because there is a complete and adequate remedy at law.

¶3 *159Without prejudice to the parties complainant to proceed in the right way, the decree is reversed, and hill dismissed. ' Reversed.