Board of Supervisors v. Board of Supervisors
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. Sylvanus Evans, Chancellor. The Board of Supervisors of Chickasaw County exhibited a bill against the Board of Supervisors of Clay County to compel them to pay a certain part of the indebtedness of Chickasaw County. The defendant answered and the complainant filed twenty exceptions to this answer for insufficiency and impertinence, all of which but one were sustained.
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Appeal from the Chancery Court of Clay County. Hon. Sylvanus Evans, Chancellor. The Board of Supervisors of Chickasaw County exhibited a bill against the Board of Supervisors of Clay County to compel them to pay a certain part of the indebtedness of Chickasaw County. The defendant answered and the complainant filed twenty exceptions to this answer for insufficiency and impertinence, all of which but one were sustained. The defendant petitioned for an appeal, which the Chancellor granted. filed a brief, discussing the exceptions taken to the defendant’s answer and overruled by the chancery…
1Opinion of the CourtCampbell, J.
An appeal from a decree of a chancery court, on exceptions to an answer for insufficiency or impertinence, does not lie under § 2311 of the code, because it is not true that “ the principles of the cause ” can be settled on such an issue, or that it is possible by such course as an appeal to avoid expense and delay ; and although the Chancellor allowed the appeal, it being apparent to this court that a consideration of the questions involved will not settle the principles of the cause, the appeal is dismissed.
Section 2311 contemplates an appeal only in the cases mentioned, specifically, or…
2Cited by3 opinions
- Yazoo & Miss. V. R. R. v. JamesMississippi Supreme Court · 1914
- Armstrong v. MooreMississippi Supreme Court · 1916
- Wallace v. BobbittMississippi Supreme Court · 1901