Legal Opinion · Concurrence

Taylor v. Orlansky

Mississippi Supreme Court

Decided March 15, 1908Published

From the circuit court of Sunflower county. Hon. Sydney M. Smith, Judge. Orlansky, appellee, was plaintiff in the court below, and Taylor, appellant, defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Orlansky, plaintiff, sued Taylor, defendant, in an action of unlawful detainer for a part of a storehouse.

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From the circuit court of Sunflower county. Hon. Sydney M. Smith, Judge. Orlansky, appellee, was plaintiff in the court below, and Taylor, appellant, defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Orlansky, plaintiff, sued Taylor, defendant, in an action of unlawful detainer for a part of a storehouse. Plaintiff based his right to possession on a contract in writing signed by himself and defendant, by the terms of which defendant agreed that within a reasonable time he would complete the unfinished building, and would then rent it to plaintiff.…

1Concurrence

Calhoon and Mayes, TT.,

especially concurring:

While subscribing to the conclusion reached in the case, still, in order to exclude any possible erroneous deduction we • announce that we concur in the majority opinion of the court in Glenn v. Caldwell, 74 Miss., 49, 20 South., 152. That case, we think, was properly decided on its construction of the statute.

SUPPLEMENTAL PROCEEDINGS.

After the delivery of the opinions the counsel for the appellee filed an elaborate suggestion of error.

*765Whiteield, O. J\,

delivered the opinion of the court in response to the suggestion of error.

The trouble with the…

2Cases cited2 opinions

  1. Glenn v. CaldwellMississippi Supreme Court · 1896
  2. Cummings v. KilpatrickMississippi Supreme Court · 1851

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