JOHNSON v. FRANKLIN

No. 55855.

481 So.2d 812 (1985)

A.B. JOHNSON v. Annie Mae FRANKLIN.

Supreme Court of Mississippi.

December 11, 1985.


Attorney(s) appearing for the Case

Kenneth Mayfield, Tupelo, for appellant.

Kenneth M. Burns, Okolona, for appellee.

Before PATTERSON, C.J., and PRATHER and ROBERTSON, JJ.


ROBERTSON, Justice, for the Court:

I.

This appeal presents generally the question of what pleading and service is required of a defendant in a multi-party civil action before she may obtain relief of and from a codefendant. The appeal arises in the context of a partition suit wherein one of the defendants herself claimed for partition but never served a cross-claim upon her co-defendants. The trial judge allowed this "cross-claimant" to proceed as though...

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