McDaniel v. Hurt
Mississippi Supreme Court
Erom the chancery court of, second district, Perry county. Hon. Thaddeus A. Wood, Chancellor. McDaniel and others, the appellants, were the complainants in the court below; Hurt and others, the appellees, were defendants there. Erom a decree dissolving a preliminary injunction the complainants obtained an appeal without supersedeas to the supreme court, under Code 1892, § 34, “to settle the principles of the case.”
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Erom the chancery court of, second district, Perry county. Hon. Thaddeus A. Wood, Chancellor. McDaniel and others, the appellants, were the complainants in the court below; Hurt and others, the appellees, were defendants there. Erom a decree dissolving a preliminary injunction the complainants obtained an appeal without supersedeas to the supreme court, under Code 1892, § 34, “to settle the principles of the case.” Before the case was heard in the supreme court the special election to fill a vacancy in a county office, sought to be enjoined, had been held, and the person elected had qualified…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
This court cannot entertain an appeal where there is no actual controversy. See 2 Ency. PI. & Pr., p. 341, sec. 4; and se¿, especially, note 2 on p. 343, and the authorities therein cited, particularly Chamberlain v. Cleveland, 1 Black (U. S.), 419 (17 L. ed., 93); Little v. Bowers, 134 U. S., 547 (10 Sup. Ct., 620 (33 L. ed., 1016), and Chicago R. R. Co. v. Dey, 76 Iowa, 278 (41 N. W. Rep., 17), in which last case it is held that, “where the cause on appeal relates to questions involved in rights which have ceased to exist, the appeal will…
2Cases cited2 opinions
- Little v. BowersSupreme Court of the United States · 1890
- Chicago, Rock Island & Pacific Railway Co. v. DeySupreme Court of Iowa · 1888
3Cited by20 opinions
- Anway v. Grand Rapids Railway Co.Michigan Supreme Court · 1920
- Strong v. BostickMississippi Supreme Court · 1982
- Insured Savings & Loan Assn. v. State, Ex Rel. PattersonMississippi Supreme Court · 1961
- Frisby v. City of GulfportMississippi Supreme Court · 2013
- Old Equity Life Insurance Company v. JonesMississippi Supreme Court · 1969
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