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

Mississippi Supreme Court April 15, 1878

Hanes v. Planters' Cotton-Press, Storage, & Transfer Ass'n, 55 Miss. 654 (Miss. 1878)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

If the bond sued on in this action is anything more than an *656appeal 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.

Reference

Full Case Name: T. J. Hanes v. Planters' Cotton-Press, Storage, and Transfer Association
Cited By: 2 cases
Status: Published
Syllabus: Bond. Several-obligations. Separate recoveries. Separate recoveries cannot be had, in different actions, upon the several obligations of a bond.