State ex rel. Brown v. Poplarville Sawmill Co.
Mississippi Supreme Court
Appeal from the chancery court of Pearl River county. Hon. D. M. Russell, Chancellor. On motion to re-instate appeal. For former opinion see 80 So. 647. The appeal in this case was dismissed on a former day of this court, and motion is now made to reinstate, and it is insisted that the attorney instituting the suit had the right to appeal regardless of the direction of the land commissioner to have the cause nonsuited, from which judgment of nonsuit the appeal is attempted…
Read the full summary
Appeal from the chancery court of Pearl River county. Hon. D. M. Russell, Chancellor. On motion to re-instate appeal. For former opinion see 80 So. 647. The appeal in this case was dismissed on a former day of this court, and motion is now made to reinstate, and it is insisted that the attorney instituting the suit had the right to appeal regardless of the direction of the land commissioner to have the cause nonsuited, from which judgment of nonsuit the appeal is attempted to be prosecuted. It appears from the record that on the 11th day of January, 1918, an instrument of writing was signed…
1Opinion of the CourtEthbidge, J.
(After stating the facts as above). It is the contention of the attorneys who signed the petition for appeal with their own names that they had authority to bring the suit and to control the litigation, and that the chancellor erred in non-suiting the state at the request of the land commissioner. They also insist that they have a right to prosecute the appeal and have the judgment of nonsuit reviewed by this court. Section 2903, Code of 1906 (section 5238, Hemingway’s Code), reads as follows:
“The land commissioner may prosecute suits, in the name of the state, concerning the public lands,…
2Cases cited3 opinions
- Doudell v. ShooCalifornia Supreme Court · 1911
- Gulf & Ship Island Railroad v. WilliamsMississippi Supreme Court · 1915
- Lamar County v. TallyMississippi Supreme Court · 1917
3Cited by19 opinions
- City of Mound Bayou v. JohnsonMississippi Supreme Court · 1990
- Beckwith v. StateMississippi Supreme Court · 1992
- Bickham v. Department of Mental HealthMississippi Supreme Court · 1991
- Marshall v. StateMississippi Supreme Court · 1995
- MacDougall v. Board of Land Com'rs.Wyoming Supreme Court · 1935
14 more not listed; retrieve them via the Exa API.