Mississippi State Highway Commission v. Irby

GILLESPIE, Presiding Justice.

Appellee filed a bill of complaint in chancery against appellant, Mississippi State Highway Commission. He prayed for a decree for damages for the alleged obstruction of roads used by him as means of access from his land to the public road system, or, in the alternative, for a decree for damages and injunctive relief requiring the Plighway Commission to provide ingress and egress to complainant’s land.

The Highway Commission demurred on the ground that “there is no equity on the face of the bill.” This general demurrer was overruled and an interlocutory appeal was…