Illinois Central Railroad v. Garrison
Mississippi Supreme Court
From the chancery court of Madison county. Hon. Henry C. Conn, Chancellor. The railroad company, appellant, was complainant in the court below; Garrison and six others were defendants there.
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From the chancery court of Madison county. Hon. Henry C. Conn, Chancellor. The railroad company, appellant, was complainant in the court below; Garrison and six others were defendants there. The appellant filed its bill to enjoin defendants from prosecuting their seven different actions in a justice of the peace court, and the equity relied on in' the bill is that these different suits, prosecuted by seven different plaintiffs, acting by the same attorney, constitute a multiplicity of suits, which it is entitled to have enjoined. The bill further alleges that it is filed for an injunction to…
1Opinion of the CourtWhitfield, C. J.
The case of Tribette v. Railroad Co., 70 Miss., 182 (12 South., 32; 19 L. R. A., 760; 35 Am. St. Rep., 642), is avery different case from this one. There the damage resulted from a single past trespass, completed and over with; hence not to occur again in the future. The opinion of the court in that case expressly' stated that the j urisdiction' of the chancery court to enjoin, on the part of one, suits of many, or e con-verso, is maintainable where there isa “ community of interest in the subject-matter of the controversy,” or where there “is a common right or title. ’ ’ The case of…
2Cases cited6 opinions
- Tribette v. Illinois Central RailroadMississippi Supreme Court · 1892
- German Alliance Insurance v. VanCleaveIllinois Supreme Court · 1901
- Smith v. DobbinsSupreme Court of Georgia · 1891
- J. Pollock & Co. v. Okolona Savings InstitutionMississippi Supreme Court · 1883
- City of Albert Lea v. NielsenSupreme Court of Minnesota · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Leaf River Forest Products, Inc. v. DeakleMississippi Supreme Court · 1995
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Southern Steel Co. v. HopkinsSupreme Court of Alabama · 1911
- First State Bank v. Chicago, R. I. & P. R.Court of Appeals for the Eighth Circuit · 1933
- Cumberland Telephone & Telegraph Co. v. WilliamsonMississippi Supreme Court · 1910
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