United States Fidelity & Guaranty Co. v. Jefferson Davis County
Mississippi Supreme Court
Appeal from the chancery court of Jefferson Davis county. Hon. D. M. Russell, Chancellor. Suit by Jefferson Davis county against the United States -Fidelity & Guaranty Company .and another. From a judgment for plaintiff, defendant appeals. This is the second appeal of this case. The first, appeal will be found reported in Jefferson Davis County v. Burkett, 109 Miss. 436, 69 So. 223. The allegations, of the bill are fully outlined in the former opinion. B..
Read the full summary
Appeal from the chancery court of Jefferson Davis county. Hon. D. M. Russell, Chancellor. Suit by Jefferson Davis county against the United States -Fidelity & Guaranty Company .and another. From a judgment for plaintiff, defendant appeals. This is the second appeal of this case. The first, appeal will be found reported in Jefferson Davis County v. Burkett, 109 Miss. 436, 69 So. 223. The allegations, of the bill are fully outlined in the former opinion. B.. G. Burkett, one of the appellants, was awarded the’ contract for the working of the public roads, first and second class, of Jefferson…
1Opinion of the CourtStevens, J.
(After stating the facts as above).' Much is said in the briefs of counsel upon the contention made by appellee that a trial by jury in a court of equity is discretionary; that the chancellor has a right to direct a verdict, to adopt or reject the verdict of the jury and enter such decree as comports with his own conscience and his own conclusions upon the facts. It is the contention of appellee that any errors made in instructions cannot be relied upon by appellants, for the reason that the chancellor has adopted the verdict of the jury and thereby made it his own verdict on the facts; that,…
2Cases cited1 opinion
- United States Fidelity & Guaranty Co. v. Tate CountyMississippi Supreme Court · 1917