Moore v. Cunningham
Mississippi Supreme Court
Appeal from circuit court of Lowndes county. Hon. ThoA B. Carroll, Judge. Action by Mrs. S. A. Cunningham against E. S. Moore. From a judgment for plaintiff, defendant appeals. The appellant must submit that the authorities cited by appellee are not authorities on the propositions involved in this litigation, and will give the reasons therefor.
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Appeal from circuit court of Lowndes county. Hon. ThoA B. Carroll, Judge. Action by Mrs. S. A. Cunningham against E. S. Moore. From a judgment for plaintiff, defendant appeals. The appellant must submit that the authorities cited by appellee are not authorities on the propositions involved in this litigation, and will give the reasons therefor. Section 2064, Code 1892; section 2243, Code 1906, and section 4565, Hemingway’s Code, are not authority for the reason that this or these sections attempt to make the law directly opposite to that which section 90 of the Constitution expressly…
1Opinion of the CourtW. It. Cook, J.
Mrs S. A. Cunningham, appellee, instituted a replevin suit in the circuit court of Lowndes county, seeking to recover the possession of twenty-nine head of cattle, Avhich were alleged to have been wrongfully taken from, her possession by appellant, defendant beloAv.
The facts reflected in this record are substantially as folloAvs:
Appellant and appellee OAvned adjoining farms, Avhich Avere located within the confines of a certain stock law district in LoAvndes county, Avhich district had been created by chapter 231 of the LaAvs of 1882. Section 2 and 3 of this act provide:
“Sec. 2.' Be it…
2Cases cited9 opinions
- New Central Coal Co. v. George's Creek Coal & Iron Co.Court of Appeals of Maryland · 1873
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
- State v. ThompsonSupreme Court of Kansas · 1864
- Covington v. City of East St. LouisIllinois Supreme Court · 1875
- Bd. of Educ. of S.F. v. HyattCalifornia Supreme Court · 1907
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3Cited by2 opinions
- Robinson v. Friendly Finance Co. of Biloxi, Inc.Mississippi Supreme Court · 1961
- In re Fred's Dollar Store of Hernando, Inc.United States Bankruptcy Court, N.D. Mississippi · 1984