Kimball, Raymond & Co. v. Alcorn & Fisher
Mississippi Supreme Court
Appeal from chancery court of Hinds county, 1st district. Cabaniss, Chancellor. This is a contest between appellants and Alcorn & Fisher, as to who is public printer. Appellants, claiming to be public printer, filed their bill in the chancery court of Hinds county, 1st district, enjoining appellees, Alcorn & Fisher, from doing the public printing, and the other defendants from furnishing them the matter to print.
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Appeal from chancery court of Hinds county, 1st district. Cabaniss, Chancellor. This is a contest between appellants and Alcorn & Fisher, as to who is public printer. Appellants, claiming to be public printer, filed their bill in the chancery court of Hinds county, 1st district, enjoining appellees, Alcorn & Fisher, from doing the public printing, and the other defendants from furnishing them the matter to print. On motion of defendants, in term time, the injunction was dissolved, and an appeal was prayed from the order of dissolution and allowed, but “not to operate as a supersedeas.”…
1Opinion of the Court
Simball, J.:
The title of the complainants (the appellants) to the relief sought by their bill is in no wise presented for consideration on this motion, nor do the questions of error or no error, in the decrees dissolving the injunctions and dismissing the bills, arise. On motions like this, we would not entertain these propositions and we so informed counsel at the opening of the argument. We have looked at no other subject than the power of the chancery court to grant appeals, and by supersedeas to stay proceedings pending appeals, with a view to determine whether its power has been exceeded…
2Cases cited5 opinions
- Loomis v. BrownNew York Supreme Court · 1853
- Pierce v. WilsonSupreme Court of Iowa · 1855
- Messonier v. KaumanNew York Court of Chancery · 1817
- Yocum v. MooreCourt of Appeals of Kentucky · 1815
- Nesbit v. RodewaldMississippi Supreme Court · 1870
3Cited by7 opinions
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- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- Kimberly Crum Creel v. Bridgestone/Firestone North American Tire, LLCMississippi Supreme Court · 2005
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