16 So. 2d 153 | Miss. | 1944
By permission of the chancellor, the Receiver of the Mississippi Motor Corporation filed an original bill of complaint against a number of alleged debtors of the Corporation, including the Federal Credit Company, which company answered the bill, made its answer a cross-bill and prayed for affirmative relief. Afterwards on motion of the stockholders of the Mississippi Motor Corporation and others the order granting the Receiver permission to file this-bill of complaint was revoked. The bill of complaint was then dismissed by the court, as was also the cross-bill of the Federal Credit Company; the dismissal to be without prejudice to the right of that Company to obtain in another proceeding the relief prayed for in its cross-bill. The Federal Credit Company alone appeals.
The only question on this motion is whether the decree dismissing this cross-bill is final or interlocutory. If the latter, the appeal admittedly will not lie. The decree dismissing the appellant's cross-bill, though without prejudice, is a final decree within the meaning of Section 13 of the Code of 1930. Solomon v. Continental Baking Co.,
Whether the court below erred in dismissing this cross-bill will arise when, but not until, the case is submitted on its merits.
Motion overruled. *465
