Hibernia Bank & Trust Co. v. Beech

Citations

• 117 Miss. 668
• 78 So. 609

Syllabus

<p>1. Ejectment. Who entitled, to dismiss.</p> <p>Where plaintiff after bringing suit in ejectment in good faith , sold the land, it was entitled to dismiss its suit without prejudice but will be taxed with tbe cost accruing up to that time.</p> <p>2. Discovert. Failure to answer. Interogatories. Reasonable time.</p> <p>Under Code 1906, section 1938 (Hemingway’s Code, section 1598), providing that an action by a foreign corporation shall be dismissed where it does not answer interogatories, within a reasonable time, it was intended to penalize such foreign corporation only where it has undoubtedly had time to answer such interogatories and has failed to do so, the term “reasonable time,” being a flexible term.</p> <p>•3. Same.</p> <p>Under the facts as set out in its opinion in this case the court held that there was no unreasonable delay in answering the interogatories .propounded.</p>