Western Union Tel. Co. v. Kennedy
Mississippi Supreme Court
Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Jr-., Chancellor. Bill by the Western Union Telegraph Company, against J. H. Kennedy, Sheriff, and tax collector and others. Prom a decree for defendants, complainant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Lauderdale county. Hon. Sam Whitman, Jr-., Chancellor. Bill by the Western Union Telegraph Company, against J. H. Kennedy, Sheriff, and tax collector and others. Prom a decree for defendants, complainant appeals. The facts are fully stated in the opinion of the court. In response to the permission of the court to file a brief in reply to the point relied upon by counsel for the appellee, that a writ of certiorari issued by the circuit court is the exclusive remedy for testing the validity of an assessment by the Railroad Commission, my reply is briefly as…
1Opinion of the CourtCook, J.
Appellant filed its bill of complaint in the chancery court of Lauderdale county, praying that the tax collector be enjoined from collecting certain taxes assessed to appellant on a certain telegraph pole line along the right of way of the New Orleans & Northeastern Railroad Company, between Meridian, in this, state and the Louisiana boundary line. The bill alleges that the property in question belonged to the railroad company and not to the complainant; that complainant appeared before the Railroad Commission “and protested that it whs not the owner of said poles,” but was merely operating a…
2Cases cited1 opinion
- Gulf & Ship Island Railroad v. AdamsMississippi Supreme Court · 1904
3Cited by6 opinions
- Power v. RobertsonMississippi Supreme Court · 1922
- New Orleans, M. & C. R. v. StateMississippi Supreme Court · 1915
- Stone, State Tax Comm. v. KerrMississippi Supreme Court · 1942
- Union Savings Bank & Trust Co. v. City of JacksonMississippi Supreme Court · 1920
- Reed v. Norman-Breaux Lumber Co.Mississippi Supreme Court · 1928
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