91 So. 699 | Miss. | 1922
delivered the opinion of the court.
This is an attachment in chancery in Avhich the appellant, a domestic corporation, is the complainant, and the appellee, a foreign corporation, is the defendant. The appellee sought by the procedure appropriate for so doing to remove the cause to the federal court, but ivas not permitted by the court below so to do. The appellee then answered the bill of complaint, and the cause proceeded to trial, which resulted in a decree dismissing the bill of complaint, from which the complainant has appealed to this court.
The mere confession of error does not necessitate the reversal of the judgment or decree appealed from. Sivley v. Sivley, 96 Miss. 134, 50 So. 552. If no error was in fact committed, or, if committed, was such as cannot be complained of by either the appellant or the appellee, the judgment or decree appealed from should be affirmed, even though error therein be confessed, for it is to the interest-of the public that there be an end to litigation. The appellant and cross-appellee cannot complain of the refusal of the court below to remove the cause to the federal court for the reason that it selected the court below as the forum for the trial of the cause, and induced the court by proper objection thereto to overrule the petition for removal. The appellee and cross-appellant cannot complain thereat because it was not harmed thereby; the trial having resulted in a decree in its favor.
Affirmed.