Mississippi State Highway Commission v. Morgan

GILLESPIE, Presiding Justice.

Ray Morgan, plaintiff below and appellee here, brought suit against the Mississippi State Highway Commission, defendant below and appellant here, for recovery of attorneys’ fees and other expenses incurred in successfully prosecuting a petition for writ of prohibition. The case was tried before the county judge without a jury, and judgment entered for plaintiff. Defendant appealed to the circuit court, and that court affirmed the county court. The Highway Commission appealed to this Court.

The question for our decision is whether, under the particular facts and…