City of Meridian v. Davidson

I think the two cases, McLeod v. Civil Service Commission of Jackson, 198 Miss. 721, 21 So. (2d) 916, 918, and City of Jackson v. McLeod, 199 Miss. 676, 24 So. (2d) 319, were correctly decided. In my opinion, they should be adhered to. Stare decisis would compel an affirmance of this cause.

In the former case, this Court held (1) that Chap. 208, Laws of 1944 is constitutional; (2) that, on appeal to the circuit court, a cause is not to be tried on a transcript of the evidence taken before the commission; and (3) the right of trial by jury means “a trial de novo before a jury under the guidance…