Moss Point Lumber Co. v. Harrison County
Mississippi Supreme Court
From: tbe chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Harrison county, the appellee, was complainant in the court below; the lumber company, the appellant, was defendant there. From a decree overruling a demurrer to the bill of complainant the defendant appealed to the supreme court. The facts are fully stated in the several opinions delivered in the case.
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From: tbe chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Harrison county, the appellee, was complainant in the court below; the lumber company, the appellant, was defendant there. From a decree overruling a demurrer to the bill of complainant the defendant appealed to the supreme court. The facts are fully stated in the several opinions delivered in the case. The case was twice decided; at first the decree apjiealed from was reversed and remanded and the suit dismissed; upon suggestion of error a rehearing was granted — Justice Truly leaving the bench and being…
1Concurrence
Truly, J.,
delievered the following concurring opinion on the first decision of the case.
I concur specially in the conclusion reached in this case. I deem it unnecessary to enter upon any discussion of the general principle whether an action of waste is predicable of a tenancy for years, whether for one or ninety-nine. I base my conclusion upon the language of the statutes germane to this'matter, upon the uniform construction placed thereon, and the unbroken practice heretofore existing. In my opinion it was clearly the intention of the legislature, in enacting the act of 1833 and all…
Also in this document: Opinion of the Court.
2Cases cited19 opinions
- United States v. BostwickSupreme Court of the United States · 1877
- Green v. WellerMississippi Supreme Court · 1856
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Cannon v. BarryMississippi Supreme Court · 1881
- Warren County v. GansMississippi Supreme Court · 1902
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