Gulf & Ship Island Railroad v. Walker
Mississippi Supreme Court
Appeal from the chancery court of Simpson county. Hon. R. E. Sheehy, Chancellor. Bill by the Gulf & Ship Island Railroad Company to restrain J. R. Walker and others from prosecuting certain suits and to have them consolidated. From a decree sustaining a demurrer to the bill, complainants appeal. This suit was begun by a bill for injunction to enjoin the prosecution of three actions at law and have them consolidated and tried as one suit in the chancery court.
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Appeal from the chancery court of Simpson county. Hon. R. E. Sheehy, Chancellor. Bill by the Gulf & Ship Island Railroad Company to restrain J. R. Walker and others from prosecuting certain suits and to have them consolidated. From a decree sustaining a demurrer to the bill, complainants appeal. This suit was begun by a bill for injunction to enjoin the prosecution of three actions at law and have them consolidated and tried as one suit in the chancery court. On the ——• day of August, 1911, J. R. Walker filed suit in the circuit court against the defendant railroad company for damages,…
1Opinion of the CourtCook, J.
In Telephone & Telegraph Co. v. Williamson et al., 57 South. 559, Judge McLean, in an able and exhaustive opinion, reviewed and analyzed all of the authorities “upon the subject of the jurisdiction of equity relative to a multiplicity of suits.” The reasoning of this opinion is flawless, and the law of this state upon this much discussed subject was announced to be as it was announced by Judge Campbell in Tribette v. Railroad Co., 70 Miss. 182, 12 South. 32, 19 L. R. A. 660, 35 Am. St. Rep. 642. It was said by Judge McLean in Telephone Co. v. Williamson, supra: “What is and what is not a…
2Cases cited3 opinions
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- Cumberland Telephone & Telegraph Co. v. WilliamsonMississippi Supreme Court · 1910
- Newton Oil & Manufacturing Co. v. SessumMississippi Supreme Court · 1912
3Cited by2 opinions
- Henry, Ins. Com'r v. DonovanMississippi Supreme Court · 1927
- Newell v. Illinois Central R.Mississippi Supreme Court · 1913