Newton Oil & Manufacturing Co. v. Sessum

Citations

• 102 Miss. 181
• 59 So. 9

Syllabus

<p>1. Chancery Court. Action. Misjoinder. Demurrer. Code 1906, section 2256. Constitution 1890, section 147.</p> <p>Where several complainants join in a bill in chancery seeking to recover damages and the statutory penalty provided in Code 1906, section 2256, for breach of separate guaranties, on separate sales by defendant, of fertilizers at different times, a demurrer to the bill should be sustained and the bill dismissed.</p> <p>2. Same.</p> <p>Neither the common law or equity courts have jurisdiction of the cause of action, where the rights and remedies of the complainants are entirely separate, independent and distinct, and in no court can they maintain a joint cause of action.</p> <p>S. Same.</p> <p>In such case there would be not only a misjoinder of parties but also a misjoinder of causes of action, and in such case Constitution 1890, section 147, has no application.</p>