Carbolineum Wood Preserving & Manufacturing Co. v. Meyer

Citations

• 76 Miss. 586

Syllabus

<p>1. Pleading. Practice. Two suits for same demand.</p> <p>In assumpsit on a purely legal demand, a plea in abatement setting up the pendency of a suit thereon in equity is bad, unless the plaintiff’s remedy is alleg'ed to be as complete and effectual in equity as at law.</p> <p>2. Constitutional Law. Constitution of 1890, sec. 147. Jurisdiction.</p> <p>While the supreme court cannot, under the inhibition expressed in sec. 147, constitution of 1890, reverse a decree of the chancery court because the case is one of common law jurisdiction, the chancery conrt can decline to entertain such a cause.</p> <p>3. Practice. Distractions.</p> <p>On a quantum meruit for services rendered, it is not technically correct to charge the jury, on the predicate of the rendition and acceptance of the services, to find for the plaintiff in “such sum as they think proper” instead of “such sum as the evidence may show the plaintiff is entitled to recover, ” but the error is not sufficient ground for reversal when it does not appear that the jury were misled.</p>