Hanes v. Planters' Cotton-Press, Storage, & Transfer Ass'n

55 Miss. 654 | Miss. | 1878

Campbell, J.,

delivered the opinion of the court.

If the bond sued on in this action is anything more than an appeal bond, this action is not maintainable, because plaintiff has heretofore had a recovery on it by a judgment of this court for costs against the obligors, and it is not allowable “ to split up the various' covenants or promises contained in one contract, and to recover upon each separately.” Freem. on Judg., sec. 240.

Judgment affirmed.