Burford v. Kersey

Citations

• 48 Miss. 642

Syllabus

<p>1. Chancery practice — multiplicity of shits. — A party who has failed to assert and litigate a claim or allowance in a suit in which he might with propriety have done so, will not be permitted to litigate it in a second suit, unless his failure to do so in the first was caused by the fraud of his adversary and not by his own negligence. See Stewart et al. v. Stobbins et al. 30 Miss. 66.</p> <p>2. Chancery practice. — The rule of practice which requires notice of supplemental and amended bills, applies with equal or greater force to cross-bills, in which case a pro confesso without service of process or notice is irregular.</p> <p>3. Same. — The time within which a cross-bill may be filed rests in the discretion of the court.</p>