Legal Opinion

State v. Fitzgerald

Mississippi Supreme Court

Decided November 15, 1898PublishedCited by 4 opinions

From the circuit court, second district, of Coahoma county. Hon. F. A. Montgomery, Judge. The state, acting by and through the land commissioner, was the plaintiff in the court below; one Cyrus, presumably the appellee’s intestate, and the Yazoo & Mississippi Yalley Railroad Co., were original defendants there.

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From the circuit court, second district, of Coahoma county. Hon. F. A. Montgomery, Judge. The state, acting by and through the land commissioner, was the plaintiff in the court below; one Cyrus, presumably the appellee’s intestate, and the Yazoo & Mississippi Yalley Railroad Co., were original defendants there. The action was replevin for the recovery of cross-ties cut from timber growing on a sixteenth section of land which had been sold for state and county taxes, and purchased by the state before the timber was cut. The other facts appear in the opinion of the court. The defendant, Cyrus,…

1Opinion of the CourtWoods, C. J.

Cyrus, one of the original defendants, interposed the plea of the general issue at the October term, 1897, of the circuit court, and while this plea remained, and without any suggestion of the death of Cyrus, or any revivor against his representatives, at the succeeding term Fitzgerald, as administrator of Cyrus, filed his plea in abatement, on the ground that the land commissioner had no authority to institute the suit. To this plea in abatement the plaintiff demurred and the demurrer was by the court overruled. The parties then went to a jury on the plea in abatement, and under instruction…

2Cited by4 opinions

  1. Edward Hines Yellow Pine Trustees v. State ex rel. MooreMississippi Supreme Court · 1924
  2. Lewis v. MyerMississippi Supreme Court · 1917
  3. McCullen v. MercerMississippi Supreme Court · 1942
  4. Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906

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