J. J. Newman Lumber Co. v. Scipp

Citations

• 128 Miss. 322
• 90 So. 11

Syllabus

<p>1. Death. Pendency of suit by personal representative bar to zvidow’s suit.</p> <p>Under section 731, Code 1906 (section 501, Hemingway’s Code), authorizing one suit by the personal representative or widow ofv deceased for all for wrongful death, no right to sue exists in the 'widow, or other person, while a prior suit by the personal representative upon the same cause of,action is pending.</p> <p>2. Courts. Caption considered with body of declaration to ascertain whether declaration shows jurisdictional facts.</p> <p>Under our rules of simplified pleading, a declaration sufficiently shows jurisdiction over defendant where its caption and body, considered together, substantially charges the necessary jurisdictional facts.</p>