R. F. Walden & Co. v. Yates
Mississippi Supreme Court
Appeal from the circuit court of Jefferson Davis ■county. Hon. A. E. Weatheksby, Judge. Suit by Mrs. Katy Yates against It. F. Walker & Co. Prom judgment of the circuit court affirming the judgment of- the justice court for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
1DissentHolden, J.
The majority decision is contrary to the language and intent of sections 819, *6361591, and 1593, Code 1906. It is also in conflict with Minshew v. Davidson, 86 Miss. 354, 38 So. 315, Jenkins v. Gowen, 37 Miss. 444, Cooper v. Turnage, 52 Miss. 431, Cayce v. Stovall, 50 Miss. 396, Cahn v. Person, 56 Miss. 360, and Mitchell v. Wood, 47 Miss. 231. The legislature has not changed the statutes in question since the above-decisions were rendered, nor since the rendition of the-former opinion in this case.
I cannot see my way clear to riding “roughshod” over the expressed will of the legislature.…
2Cases cited8 opinions
- Cayce v. StovallMississippi Supreme Court · 1874
- Bryan v. Henderson Hardware Co.Mississippi Supreme Court · 1914
- Cahn v. PersonMississippi Supreme Court · 1879
- Mitchell v. WoodMississippi Supreme Court · 1872
- Jenkins v. GowenMississippi Supreme Court · 1859
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