Feazell v. Staltzfus

Citations

• 98 Miss. 886
• 54 So. 444

Syllabus

<p>1. Cost. Failure to give security. Pauper’s affidavit. Dismissal.</p> <p>The court may dismiss an action commenced or continued on affidavit of poverty -under Code 1906, § 948, if satisfied that the allegation of poverty is untrue, but the judgment of the court in dismissing the cause under this statute must be based on testimony capable of being embodied in a bill of exceptions and made a part of the record in the case and such a judgment is reversible on appeal.</p> <p>2. Demurrer. Judgment on overruling. Affidavit of merit. Code 1906> section 755.</p> <p>Where defendant’s demurrer to plaintiff’s declaration is overruled, plaintiff is entitled to a judgment quod recuperet under Code 1906, § 755, on the failure of the defendant to make affidavit of merits as provided by that statute, and this applies to all actions whether on contract or sounding in tort.</p>