Chicago, St. Louis & New Orleans Railroad v. Moss
Mississippi Supreme Court
MotioN in Supreme Court. Moss & Co., citizens of this State, having recovered a judgment in the Circuit Court against the Chicago, St. Louis and New Orleans Railroad Company, the defendant appealed to this court; and the Circuit Court, in pursuance of an act of the Legislature, entitled “An act for the relief of certain litigants ” (Acts 1882, p. 110), assessed afee of $350 as a reasonable attorney’s fee for the appellees, in case the judgment should be affirmed.
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MotioN in Supreme Court. Moss & Co., citizens of this State, having recovered a judgment in the Circuit Court against the Chicago, St. Louis and New Orleans Railroad Company, the defendant appealed to this court; and the Circuit Court, in pursuance of an act of the Legislature, entitled “An act for the relief of certain litigants ” (Acts 1882, p. 110), assessed afee of $350 as a reasonable attorney’s fee for the appellees, in case the judgment should be affirmed. The judgment was affirmed by this court, and thereupon the appellant made this motion in the nature of a motion in arrest of…
1Opinion of the CourtCampbell, C. J.
This motion involves the question of the constitutionality of an act entitled, “An actfor the relief of certain litigants,” approved March 9, 1882, and found at page 110 of the Acts of 1882. Our view is that it is violative of that principle of equality before the law, and in the courts, which has ever been the boast of republican institutions. It discriminates-between classes of persons, as to the incidents of an appeal from the judgment of an inferior court, and not as to the subjects of litigation or classes of controversies, but because of the persons litigant.
The right of appeal cannot…
2Cases cited2 opinions
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
3Cited by14 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Davidson v. JenningsSupreme Court of Colorado · 1900
- Chicago, R. I. & P. Ry. Co. v. MashoreSupreme Court of Oklahoma · 1908
- Smith v. Louisville & Nashville RailroadSupreme Court of Alabama · 1883
- Johnson v. Goodyear Mining Co.California Supreme Court · 1899
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