Barrett v. Carter Bros. & Co.

Citations

• 69 Miss. 593

Syllabus

<p>1. Appeal. By whom taken. Successful party.</p> <p>A defendant as to whom a bill has been dismissed, has no further interest in the litigation, and cannot join in an appeal taken by a co-defendant.</p> <p>2. Jubjsdictioít. Suit in wrong court. Constitution 1890, § 147.</p> <p>Under §147, constitution 1890, “no judgment or decree in any chancery or circuit court rendered in a civil cause shall be reversed or annulled on the ground of want of jurisdiction to render said judgment or decree, from any error or mistake as to whether the cause in which it was rendered was of equity or common law jurisdiction.”</p> <p>3. Same. Constitution 1890, § 147. Case.</p> <p>A creditor filed a bill to 'cancel as fraudulent a sale of goods by his debtor, and to hold the purchaser liable for their value. The latter was a nonresident, but had lands in the county where the bill was filed, and these were attached. The debtor, who lived in a different county, was summoned personally, and the purchaser by publication. Both failed to appear, and pro confesso, followed by final decree, was taken, and the lands attached decreed to be sold.' The debtor alone appeals. Held, that it cannot be assigned for error that the chancery court was without jurisdiction. Const. 1890, §147.</p> <p>4. Appeal. Error affecting others.</p> <p>In such case the grantor, who alone appeals, cannot assign for error matters affecting only his co-defendant, the grantee.</p>