77 So. 909 | Miss. | 1918
delivered the opinion of the court.
This a suit brought by Hattie Allen and her children for injuries to Jobe Allen, her husband and the father of. the children, resulting in his death. Suit was filed against the McIntosh Lumber Company and the Southern Paper Company. It appears that the McIntosh Lumber Company entered into a contract with the Southern Paper Company, in which the McIntosh Lumber Company was to furnish the Southern Paper Company slabs from its saws and furnish the motive power for the operation of the slasher saw and to convey the slabs from the saw of the McIntosh Lumber Company to the" slasher saws of the paper company. Jobe Allen was employed by the McIntosh Lumber Company in operating the carriage or roller that conveyed the lumber from the sawmill to the slasher saws,
We are unable to say that the submission of this question .did not contribute to the finding for the defendants. It may have been the sole reason for so finding. We think it was error to offer this marriage license and this bill for divorce in evidence. How a bill for divorce could even tend to prove the issue in this case we are unable to see. It appears from the testimony of the attorney who filed the bill that Jobe Allen was living in the county at the time of the filing of the suit, and that he knew Jobe Allen, and that Jobe Allen was not the man named as the defendant in the suit. There was no proof whatever that Jobe Allen vms served with process, or that he was the party intended as the defendant in said divorce suit. In Alabama & V. Ry. Co. v. Beardsley, 79 Miss. 417, 30 So. 660, 89 Am. St. Rep. 660, this court decided that, where a party is shown to have been married to fine party and subsequently married to another party, a divorce would be presumed in favor of the validity of the last marriage. So but for the introduction of this
We think the plaintiff failed to show the nature of the contract between the Southern Paper Company and Parker, and that it was the duty of the plaintiff to develop the terms of this contract, and that for the reason that it does not satisfactorily appear that tlie judgment rendered for the Southern Paper Company was error, judgment as to that company will be affirmed.
Reversed’ and remanded as to the defendant McIntosh Lumber Company.
Reversed and remanded.