Merchants Bank & Trust Co. v. Mississippi Bank

Citations

• 108 Miss. 356
• 66 So. 537

Syllabus

<p>Dismissal and non-suit. Death of complainant. Wrongful dismissal. Reinstatement.</p> <p>Upon the death of complainant, the only way in which a suit can he rightfully dismissed, in the absence of a party legally entitled to represent him, is by a proceeding under either section 2093, or the last clause of section 724, of the Code 1906, or under some other section of the Code dealing with the dismissal of such a cause, if such there be, and if this is not done the dis- ■ missal will be set aside, and the case reinstated and revived.</p>