Legal Opinion · Dissent

State Highway Commission v. Mason

Mississippi Supreme Court

Decided November 10, 1941No. 34689Published

1Dissent

I am of the opinion that this motion, or rather suggestion of error (Bacot v. Holloway, 140 Miss. 120, 134, 104 So. 696, 105 So. 739; Inman v. Travelers' Ins. Co., 154 Miss. 611,122 So. 537), should be sustained. The action in which the judgment of the court below was rendered was not one of Eminent Domain in which the petitioning party, whether the state, its administrative agencies, or a private individual, or corporation, is charged by statute with the payment of the costs thereof, but is simply an action for damages against the State Highway Commission alleged to have been sustained by…

2Cases cited5 opinions

  1. Josselyn v. StoneMississippi Supreme Court · 1855
  2. Board of Supervisors v. KleinMississippi Supreme Court · 1876
  3. Bacot v. HollowayMississippi Supreme Court · 1925
  4. Inman v. Travelers' Ins. Co.Mississippi Supreme Court · 1929
  5. Roberts v. Fed. Land Bank of N.O.Mississippi Supreme Court · 1940

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