-
Smith, J., delivered the opinion of the court.
It may be that the contention of appellant is supported by the case of Means v. Haley, 86 Miss. 557, 38 South. 506, and that that case was not necessarily overruled by Howell v. Miller, 88 Miss. 655, 42 South. 129, or Edwards v. Butler, 89 Miss. 179, 42 South. 381, as to which we express no opinion, for the reason that it was expressly overruled in the later case of Creegan v. Hyman, 93
*224 Miss. 481, 46 South. 952, in so far as it dealt with the matter now under consideration. In order to uphold appellant’s contention, it will be necessary for us to overrule this last-named case, and this we decline to do.The judgment of the lower court is therefore correct, and is affirmed. '
Affirmed.
Document Info
Citation Numbers: 102 Miss. 215, 59 So. 73
Judges: Smith
Filed Date: 3/15/1912
Precedential Status: Precedential
Modified Date: 9/9/2022