State ex rel. Greaves v. Henry
Mississippi Supreme Court
From tbe circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Tbe state of Mississippi, suing upon tbe relation of J. B. Greaves, district attorney, appellant, was plaintiff in tbe court below; Henry, warden of tbe penitentiary, appellee, was defendant there. Tbe court below sustained tbe defendant’s demurrer to plaintiff’s petition for a mandamus and dismissed tbe suit, and plaintiff appealed to tbe'supreme court.
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From tbe circuit court of, first district, Hinds county. Hon. David M. Miller, Judge. Tbe state of Mississippi, suing upon tbe relation of J. B. Greaves, district attorney, appellant, was plaintiff in tbe court below; Henry, warden of tbe penitentiary, appellee, was defendant there. Tbe court below sustained tbe defendant’s demurrer to plaintiff’s petition for a mandamus and dismissed tbe suit, and plaintiff appealed to tbe'supreme court. Tbe object of tbe suit was to compel the warden of tbe penitentiary to remove all state convicts from Sandy Bayou, a plantation leased by tbe state from…
1Opinion of the CourtCalhoon, J.
Had the board of control of the state penitentiary the power, under the constitution, to work convicts on leased lands ? This is the chief question in the agreement of counsel on both sides in their request for adjudication. If the legislature had such power, the board, which it created, has it; otherwise, not. So the real question is, Did the legislature have it ? Before proceeding to the examination of this subject, it- is proper to say that the writer is in full accord with the reasoning and conclusions in the concurring opinion of Justice Truly in the case of Henry et al. v. State…
2Cases cited12 opinions
- Green v. WellerMississippi Supreme Court · 1856
- Swann v. BuckMississippi Supreme Court · 1866
- Ex parte WrenMississippi Supreme Court · 1886
- Ham v. Board of Levee CommissionersMississippi Supreme Court · 1903
- Henry v. StateMississippi Supreme Court · 1905
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3Cited by57 opinions
- American Automobile Ins. Co. v. FreundtCourt of Appeals for the Seventh Circuit · 1939
- Dye v. State Ex Rel. HaleMississippi Supreme Court · 1987
- State ex rel. Trent v. SimsWest Virginia Supreme Court · 1953
- Frazier v. State by and Through PittmanMississippi Supreme Court · 1987
- Burrell v. Mississippi State Tax Com'nMississippi Supreme Court · 1988
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