Keystone Lumber Yard v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From tbe chancery court of Yazoo county. IIoN. G. Garlar® Lyell, Chancellor. . , The Keystone Lumber Yard, .a corporation, appellant, was complainant in the court below; the railroad company, appellee,-was defendant there.
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From tbe chancery court of Yazoo county. IIoN. G. Garlar® Lyell, Chancellor. . , The Keystone Lumber Yard, .a corporation, appellant, was complainant in the court below; the railroad company, appellee,-was defendant there. From a. decree sustaining defendant’s demurrer to -the bill, and dismissing the suit, the complainant appealed to the supreme court. . The opinion of the court sufficiently states the facts. -The decree of the court below contains the following: — “The court is of the opinion that the defendant company cannot be compelled to discover as prayed for by the bill, because such…
1Opinion of the Court
Whitfield, 0. J., delivered the opinion of the court.
The bill filed in this case was for discovery, and for a decree for the amount of reciprocal demurrage charges; in other words; for full relief. A demurrer was interposed on the ground that to compel tire defendants to discover would subject them to the payment of penalties, and that it was an attempt to enforce a penal action in a chancery court. Belief by way of discovery was grounded upon this allegation in the bill: “That complainant is informed and believes, and therefore charges, that each of said cars was unreasonably detained by…
2Cases cited3 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- State v. McBrideSupreme Court of Alabama · 1884
- Tunstall v. WalkerMississippi Supreme Court · 1844
3Cited by9 opinions
- State v. MarshallMississippi Supreme Court · 1911
- Winn & Lovett Grocery Co. v. Saffold Brothers Produce Co.Supreme Court of Florida · 1935
- Burnett v. BassMississippi Supreme Court · 1929
- Chapman v. LeavertonCourt of Appeals of Texas · 1924
- Keystone Lumber Yard v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1910
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