Alabama & M. R. v. Mallett
Mississippi Supreme Court
Appeal from the circuit court of George county. Hon. J. H. Neville, Judge. Proceeding to condemn land by the Alabama & Mississippi Railroad Company against H. Manson Mallett and others. From a judgment in the circuit court, increasing the amount of the judgment rendered against the company in an eminent domain court, the railroad company appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of George county. Hon. J. H. Neville, Judge. Proceeding to condemn land by the Alabama & Mississippi Railroad Company against H. Manson Mallett and others. From a judgment in the circuit court, increasing the amount of the judgment rendered against the company in an eminent domain court, the railroad company appeals. The facts are fully stated in the opinion of the court. The lower court erred in overruling the motion to dismiss the appeal.- It is true that the statutes provide that every party shall have the right to appeal to the circuit court from a special…
1Opinion of the CourtEthridge, J.
This is an appeal from the circuit court of George county by the Alabama & Mississippi Eailroad Company from a judgment rendered in the circuit court increasing the amount of a judgment rendered against the company in an eminent domain court. The cause proceeded properly before the eminent domain court, and resulted in a judgment against the railroad company for three hundred and thirty-five dollars for the value of the property taken and for damages resulting from such taking. After this judgment was rendered the railroad company tendered to the appellees the money adjudged against the…
2Cases cited3 opinions
- Adams v. CarterMississippi Supreme Court · 1908
- Kemper County v. NevilleMississippi Supreme Court · 1909
- Helm & Northwestern Railroad v. TurnerMississippi Supreme Court · 1906
3Cited by1 opinion
- State Highway Commission v. BuchananMississippi Supreme Court · 1936