Legal Opinion · Dissent

Henry v. State

Mississippi Supreme Court

Decided November 15, 1905Published

From the chancery court of, first district, Hinds county. Hon. Eobert B. Mayes, Chancellor. This suit was begun in the name of the state of Mississippi, the appellee, by James K. Vardaman, governor of the state, as complainant, against Henry, warden of the penitentiary, and others, including the members of the board of control of the penitentiary, and Horace J. McLaurin, the appellants, as defendants.

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From the chancery court of, first district, Hinds county. Hon. Eobert B. Mayes, Chancellor. This suit was begun in the name of the state of Mississippi, the appellee, by James K. Vardaman, governor of the state, as complainant, against Henry, warden of the penitentiary, and others, including the members of the board of control of the penitentiary, and Horace J. McLaurin, the appellants, as defendants. From a decree overruling a motion to dissolve a preliminary injunction which had been issued in the cause the defendants appealed to the supreme court'. The facts are fully stated in the…

1Dissent

Whiteield, O. L,

delivered the following dissenting opinion:

The first essential to a precise and accurate understanding of the exact points at issue in this cause is to have a clear comprehension of the exact case made by the bill. The substantial averments make by the bill are as follows:

“Second — The original bill was prepared and filed before the order of the board of control had been entered and upon the information that the board of control of the penitentiary had voted to make a contract with II. J. McLaurin leasing hi’s Sandy Bayou plantation, in Sharkey county, from him for the year…

2Cases cited35 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. In Re DebsSupreme Court of the United States · 1895
  3. Chisholm v. GeorgiaSupreme Court of the United States · 1793
  4. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  5. Davis v. GraySupreme Court of the United States · 1873

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