CROENNE v. IRBY

No. 56745.

492 So.2d 1291 (1986)

Helen S. CROENNE, Executrix of Last Will and Testament of Leon E. Croenne, Jr. v. Joseph H. IRBY.

Supreme Court of Mississippi.

August 20, 1986.


Attorney(s) appearing for the Case

Thomas Wright Teel, Walter Wesley Teel, Sekul, Hornsby & Teel, Biloxi, Dale Robinson, Gulfport, for appellant.

Dean Holleman, Boyce Holleman, Gulfport, for appellee.

Before ROY NOBLE LEE, P.J., and ROBERTSON and ANDERSON, JJ.


ROBERTSON, Justice, for the Court:

I.

In the context of an action for an accounting incident to the dissolution of a partnership, we are again called upon to make clear the standards a trial judge must employ in a non-jury case when considering a motion to dismiss at the end of the plaintiff's case.

In the action below the trial judge correctly applied Rule 41(b), Miss.R.Civ.P. en route to finding that...

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