Simpson County v. Buckley
Mississippi Supreme Court
From tbe chancery court of Simpson county. Hon. Robert B. Mayes, Chancellor. Buckley and others, the appellees, were complainants in the court below; Simpson county and the members of the board of supervisors thereof were defendants there. From a decree in complainants’ favor defendants appealed to tbe supreme court.
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From tbe chancery court of Simpson county. Hon. Robert B. Mayes, Chancellor. Buckley and others, the appellees, were complainants in the court below; Simpson county and the members of the board of supervisors thereof were defendants there. From a decree in complainants’ favor defendants appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe court. [For a prior report of the case, see Simpson Oouniy v. Buchley, 81 Miss., 474,] What is the jurisdictional fact in this case ? The jurisdictional fact is that which gives authority to a tribunal to adjudge as between the parties.…
1Opinion of the CourtTruly, J.
On a former appeal of this case — 81 Miss., 474 (33 South. Eep., 650) — it was held that the complainants, appellees here, had such an interest in the attempted removal of the county site as permitted- them to invoke the power of equity to restrain an illegal removal. The averments of the bill of complaint were held sufficient to withstand demurrer. Answer was required, and the cause was remanded, that it might be heard and determined on the merits. Upon final hearing, after proof taken, the chancellor decreed that the attempted removal of the county-seat from Westville to Edna (now called…
2Cases cited5 opinions
- Hawkins v. Board of SupervisorsMississippi Supreme Court · 1874
- Krieschel v. Board of County CommissionersWashington Supreme Court · 1895
- Doan v. Board of CommissionersIdaho Supreme Court · 1891
- Sweatt v. FavilleSupreme Court of Iowa · 1867
- Simpson County v. BuckleyMississippi Supreme Court · 1902
3Cited by9 opinions
- Town of Pagosa Springs v. PeopleColorado Court of Appeals · 1913
- Poe v. Sheridan CountyMontana Supreme Court · 1916
- O'Donnell v. United StatesCourt of Appeals for the Ninth Circuit · 1936
- Shaw v. Circuit Court of Hamlin CountySouth Dakota Supreme Court · 1911
- Commissioners of Camp Creek Drainage District v. JohnstonMississippi Supreme Court · 1916
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