Legal Opinion

Jackson Electric Railway, Light & Power Co. v. Adams

Mississippi Supreme Court

Decided October 15, 1901PublishedCited by 6 opinions

From the circuit court of, first district, Hinds county. Hon. Robert Powell, Judge. Adams, state revenue agent, appellee, was plaintiff in the court below; the railway, etc., company, appellant, was defendant there. There was a former appeal in this case (78 Miss., 887), when the judgment, sustaining the demurrer of the defendant, the Jackson Electric Railway, Light & Power Company, to the plaintiff’s declaration, was reversed and the cause remanded.

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From the circuit court of, first district, Hinds county. Hon. Robert Powell, Judge. Adams, state revenue agent, appellee, was plaintiff in the court below; the railway, etc., company, appellant, was defendant there. There was a former appeal in this case (78 Miss., 887), when the judgment, sustaining the demurrer of the defendant, the Jackson Electric Railway, Light & Power Company, to the plaintiff’s declaration, was reversed and the cause remanded. On the second trial the defendant pleaded the matters of fact shown in the following opinion of the court, and the plaintiff’s demurrer to said…

1Opinion of the CourtCalhooN, J.

The declaration sets up that in July, 1897, the city of 'Jackson, on a contract with an association of persons, required a deposit of $1,500, to be forfeited to the city in case of failure to build and put in operation an electric light plant and street railroad ; that the forfeiture became complete by a failure; that in August, 1898, the city contracted with appellant, granting it franchises in consideration that it would construct the plants; that in'August, 1899, the city passed a resolution accepting the work of the appellant as a compliance with the contract, which resolution ordered the…

2Cases cited1 opinion

  1. Adams v. Jackson Electric Railway, Light & Power Co.Mississippi Supreme Court · 1901

3Cited by6 opinions

  1. Brister v. Leflore CountyMississippi Supreme Court · 1930
  2. Robertson v. Bank of Yazoo CityMississippi Supreme Court · 1920
  3. McDonald v. State Tax CommissionMississippi Supreme Court · 1930
  4. Bishopric v. City of JacksonMississippi Supreme Court · 1944
  5. Albritton v. City of WinonaMississippi Supreme Court · 1938

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