W. W. Walley & Son v. L. N. Dantzler Co.

Citations

• 114 Miss. 601
• 75 So. 433

Syllabus

<p>1. Account. Equitable relief. Sufficiency of bills.</p> <p>Where complainant made advances to loggers, who were engaged in cutting logs from their own lands and that of others and selling same to defendants to pay advances of money made by complainants, and complainants kept the account consisting of the debit of advances and the credit of payments, such a transaction was neither a dealing between traders or such a mutual and complicated accounting as would come under the jurisdiction of a court of equity to require an accounting between the parties.</p> <p>2. Appeal and Error. Reversal. Instituting suit in wrong court.</p> <p>Where a chancellor assumes jurisdiction of a law suit the supreme court will not reverse his decree for the reason that the ease should have been instituted in the law courts unless it be shown that it was otherwise wrong.</p> <p>3. Limitation op Actions. Open account between traders.</p> <p>A suit upon a mutual and open current account, where both parties are merchants or traders is controlled by section 3100, Code 1906, providing that “the cause of action shall be deemed to have accrued at the time of the true date of the last item proven in such account and such account is barred after three years from the date of the last item.”</p>