Cumberland Telephone & Telegraph Co. v. Morgan
Mississippi Supreme Court
From the circuit court of Itawamba county. Hon. Eugene O. Sykes, Judge. Morgan, appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. From a judgment in plaintiff’s favor in the’circuit court, on appeal from the special court of eminent domain, the telephone company appealed to the supreme court.
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From the circuit court of Itawamba county. Hon. Eugene O. Sykes, Judge. Morgan, appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. From a judgment in plaintiff’s favor in the’circuit court, on appeal from the special court of eminent domain, the telephone company appealed to the supreme court. Morgan had a contract with one Gamp, by which he was to furnish and erect telephone poles for the use of a telephone line owned and operated by Camp, extending a distance of twelve miles along a public road, and in consideration therefor Gamp agreed to…
1Opinion of the CourtMayes, J.
An eminent domain court cannot be organized, except it be shown in the application of the person or corporation seeking to exercise the right of eminent domain that the right exists in such person or corporation to condemn private property for public uses. If an application is made to the clerk for the organization of the eminent domain court by a person or corporation not having authority to exercise the right, the clerk is not empowered to convene the court, and, if he does, the court, not being lawfully convened, is without any power, and all acts done by it are ultra vires and void.…
2Cases cited3 opinions
- Vinegar Bend Lumber Co. v. Oak Grove & Georgetown RailroadMississippi Supreme Court · 1906
- White v. Memphis, Birmingham & Atlantic RailroadMississippi Supreme Court · 1886
- Louisville, New Orleans & Texas Railroad v. HopsonMississippi Supreme Court · 1896
3Cited by2 opinions
- Town of North Carrollton v. Town of CarrolltonMississippi Supreme Court · 1916
- Dantzler v. Mississippi State Highway CommissionMississippi Supreme Court · 1941