Legal Opinion

Miller v. Winston County Warehouse Co.

Mississippi Supreme Court

Decided October 15, 1908Published

From the chancery court of Winston county. Hon. James F. Mo Cool, Chancellor. Miller, appellant, was complainant in the court below, and the Winston County Warehouse Company, the appellee, a corporation, was defendant there. From a decree in favor of defendant the complainant appealed to the supreme court.

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From the chancery court of Winston county. Hon. James F. Mo Cool, Chancellor. Miller, appellant, was complainant in the court below, and the Winston County Warehouse Company, the appellee, a corporation, was defendant there. From a decree in favor of defendant the complainant appealed to the supreme court. The appellant’s bill alleged that he was the regularly elected and duly qualified cotton weigher of Winston county; and that the defendant, a corporation engaged in the business of acquiring and storing cotton, constantly weighed cotton of its different customers and charged a certain sum…

1Opinion of the CourtFletcher, J.

The appellant, though the regularly elected and duly qualfied cotton weigher of Winston county, is precluded from maintaining his suit by the provisions of the final sentence of section 3, ch. 227, p. 269, of the Laws of 1906; the act creating the office. The language of the statute is: “Nothing herein contained shall be construed as to prevent any one from withholding his cotton from said cotton weigher and said cotton weigher shall not be •entitled to fees on cotton not weighed by him.” It is perfectly manifest that, under this statute, appellant has no right to restrain the warehouse…

2Cases cited1 opinion

  1. Planters' Compress Ass'n v. HanesMississippi Supreme Court · 1876

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