Dunagin v. First National Bank

Citations

• 118 Miss. 809
• 80 So. 276

Syllabus

<p>1. Appeal and Error. Decisions appealable. Final judgment.</p> <p>Under the Code of 1906, section 33 (Hemingway’s Code, section 8), an appeal is not permissble from an order transferring a case from the circuit court to the chancery court, such an order not being a “final judgment.”</p> <p>2. Accounts. Mutual accounts.</p> <p>Where in an action involving dealings between the parties covering a period of sixteen years, with numerous loans between parties, involving large sums, defendant claimed that usurious interest amounting to more than the amount sued for had been collected, the case was properly transferred to the chancery court for an accounting, especially since section 532 of the Code of 1906 (Hemingway’s Code, section 289), under paragraph (g) makes it the duty of the chancery court to assume jurisdiction of ‘“all cases transferred to it by the circuit court or remanded to it by the supreme court.”</p>