Erwin v. Miss. State Highway Commission

The principal question involved on this appeal is whether the chancery court has jurisdiction to test the issue of public necessity by enjoining the State Highway Commission from prosecuting an eminent domain suit in the county court, in the absence of exceptional circumstances characterized by fraud or abuse of discretion.

On April 28, 1951, appellant, J. C. Erwin, filed a bill of complaint in the Chancery Court of Lauderdale County against the Mississippi State Highway Commission, ap pellee. This original bill, and the amended and supplemental bill, involved about three acres of lands lying…