Legal Opinion

Donnell v. State

Mississippi Supreme Court

Decided April 15, 1873PublishedCited by 30 opinions

Appeal from the judgment of Hon. E. W. Cabaniss, Chancellor, upon proceedings of habeas corpus. The facts are fully stated in the opinion of the court. This is a case arising under what is known as the “ civil rights’ bill ” of the state of Mississippi.

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Appeal from the judgment of Hon. E. W. Cabaniss, Chancellor, upon proceedings of habeas corpus. The facts are fully stated in the opinion of the court. This is a case arising under what is known as the “ civil rights’ bill ” of the state of Mississippi. In section ten of the constitution of the state of Mississippi is the following: “ Private property shall not be taken for public use, except upon due compensation first being made to the owner or owners thereof, in a manner to be provided for by law.” Donnell was the door-keeper of the “ Angelo Concert Plall,” in the city of Jackson, and had…

1Opinion of the Court

Simrall, J.:

The relator, George Donnell, states in his petition for the writ of habeas corpus, that he is unlawfully deprived of his liberty by the sheriff of Hinds county; said sheriff claiming to detain and hold him under the judgment of a justice of the peace, imposing a fine of $100 upon him, the relator, for depriving H. C. Carter and D. Webster of their equal rights and privileges, under what is commonly called the “ civil rights’ bill,” passed February 7, 1873, and also ordering that said relator should stand committed to the custody of the sheriff until said fine and costs are paid.…

2Cases cited1 opinion

  1. Mayor of New York v. MilnSupreme Court of the United States · 1837

3Cited by30 opinions

  1. People v. . KingNew York Court of Appeals · 1888
  2. Ferguson v. GiesMichigan Supreme Court · 1890
  3. Greenberg v. Western Turf Assn.California Supreme Court · 1903
  4. People, Ex Rel. King v. . GallagherNew York Court of Appeals · 1883
  5. Uston v. Resorts International Hotel, Inc.Supreme Court of New Jersey · 1982

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