City of Jackson v. Wallace

McGowen, J.,

delivered a dissenting opinion.

I cannot bring myself to the view adopted by the majority of this Court in their construction of our venue statute, Section 495, Code 1930, so dissent from that holding that the City of Jackson was not suable in Walthall County. The Mississippi Power & Light Company was a defendant found in that county. The City of Jackson was a defendant named in that suit.

Section 2391, Code 1930, provides that each city, town or village, which is incorporated, shall be a municipal corporation, with power: “First. — To sue and be sued.”

This same language will be…