Ex Parte Jackson

Ethridge, J.,

delivered a dissenting opinion.

The majority opinion is a new application of the maxim that equity considers that as done which ought to be done. It has always been my understanding that this principle was only applicable to equity courts, and confined to contract or property rights, and that it could not be extended to habeas corpus courts, or courts of law, nor to statutes dealing with penal systems enacted by the Legislature.

I think the majority opinion is directly contrary to the principles announced in the case of Ex parte Parker, 94 Miss. 899, 48 So. 297, where it was held…