Schaff v. Kahn

Citations

• 121 Miss. 412
• 83 So. 622

Syllabus

<p>1. Appeal and Error. Whether cross-bill presents matter of commonlaio or equity jurisdiction will not be first considered on appeal.</p> <p>The question as to whether a cross-bill presented matter purely of common law jurisdiction and not equity jurisdiction cannot arise on appeal to the supreme court where no such objection was raised, in the court below.</p> <p>2. Equity. Gross-bill based on mistake in delivery of shipment of mules by carrier was germane to issue by carrier to recover value of shipment erroneously delivered.</p> <p>In a suit by a carrier to recover the value of a carload of mules delivered to defendants by mistake instead of another shipment intended for them, but delivered to a third party, a cross-bill in equity based on freight paid, expenses of feeding and handling, and damages to the second shipment, could be maintained; the two demands growing out of one transaction and being vitally related, so that the issues presented by the cross-bill were germane to the issues made by the original bill, particularly in view of the fact that if defendants could not maintain their cross-bill they would be forced to go to a foreign jurisdiction to prosecute their cross-action.</p>