Board of Levee Com'rs v. Powell
Mississippi Supreme Court
Appeal from the chancery court of Tunica county. Hon. M. E. Denton, Chancellor. On suggestion of error, sustained, decree of lower court reversed, demurrer to bill overruled and appellee granted thirty days to answer. We insist that the cases of Potter v. Fidelity S Deposit Company of Maryland, 101 Miss. 823, and Powell v. Board of Supervisors of Tunica County, 65 So. 499, are not inconsistent with our contention.
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Appeal from the chancery court of Tunica county. Hon. M. E. Denton, Chancellor. On suggestion of error, sustained, decree of lower court reversed, demurrer to bill overruled and appellee granted thirty days to answer. We insist that the cases of Potter v. Fidelity S Deposit Company of Maryland, 101 Miss. 823, and Powell v. Board of Supervisors of Tunica County, 65 So. 499, are not inconsistent with our contention. The Potter case is apparently the chief reliance of counsel in support of their position. In the Potter case, as pointed out by us in our original brief, the court had an entirely…
1Opinion of the CourtStevens, J.
It is earnestly suggested that the court erred in its opinion affirming this cause. The case was decided by a divided bench, and the* opinions of the different members of the court, with a full statement of the facts, will be found in 68 So. 71.
It is with some feeling of reluctance that we upset or withdraw a former opinion of the court, but the construction placed upon chapter- 97, Laws 1908, by a majority of the court as now constituted impels a change of the majority opinion and the sustaining- of the suggestion of error. The rights of the parties hereto are based on statute, and the…
2Cases cited6 opinions
- Potter v. Fidelity & Deposit Co.Mississippi Supreme Court · 1911
- Powell v. Board of SupervisorsMississippi Supreme Court · 1914
- Fogg v. Bank of Friar's PointMississippi Supreme Court · 1902
- Green v. ColeMississippi Supreme Court · 1910
- Metcalfe v. Merchants & Planters' BankMississippi Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States Fidelity & Guaranty Co. v. Village of BassfieldMississippi Supreme Court · 1927
- Bank of Commerce v. City of GulfportMississippi Supreme Court · 1918
- Gulley v. WisdomCourt of Appeals for the Fifth Circuit · 1934
- Board of Levee Com'rs v. ParkerMississippi Supreme Court · 1940
- Webster v. United States Fidelity & Guaranty Co.Court of Appeals for the Fifth Circuit · 1934