Aetna Ins. v. Robertson
Mississippi Supreme Court
Appeal from chancery court of Hinds county. Hon. V. J. Stricker, Chancellor. Action by Stokes V. Robertson, State Revenue Agent, against the Aetna Insurance Company and others. Judgment for plaintiff, and defendants appeal. On motion by appellee to discharge a supersedeas staying an order to pay over to plaintiff certain money impounded in the hands of receivers.
1DissentEthridge, J.
I dissent from the conclusion of the majority with reluctance and diffidence. At the argument I was strongly impressed with the argument that the court had jurisdiction to grant supersedeas to preserve the subject-matter of the litigation pending the appeal, for the reason that, if the revenue agent received the moneys impounded, it would be his duty to turn them into the state treasury within one month thereafter, and that, inasmuch as the legislature only meets biennially, and the money could not be withdrawn in the absence of an appropriation by the legislature, with the possibility that…
2Cases cited12 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Garrison v. . HoweNew York Court of Appeals · 1858
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- First National Bank v. PriceCourt of Appeals of Maryland · 1871
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