Legal Opinion

Arbour v. Yazoo & Mississippi Valley Railroad

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 6 opinions

Appeal from the circuit court of Franklin county. Hon. M. H. Wilkinson, Judge. Suit by Fred J. Arbour against the Yazoo So Mississippi Valley Railroad Company. From a judgment for defendant, plaintiff appeals. . Motion in supreme court by defendant to dismiss appeal.

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Appeal from the circuit court of Franklin county. Hon. M. H. Wilkinson, Judge. Suit by Fred J. Arbour against the Yazoo So Mississippi Valley Railroad Company. From a judgment for defendant, plaintiff appeals. . Motion in supreme court by defendant to dismiss appeal. The only point which appellant desires to call the court’s attention to in this case, is the ground mentioned in the assignment of error, to-wit: That the term of court at which this cause was tried below, was not held or convened within the time prescribed by the act of the legislature of Mississippi for the holding of said…

1Opinion of the CourtMates, C. J.

The appellee filed a motion to dismiss this appeal on the ground that the court was held at an unauthorized time. It appears that at the time the court was held it was not at a general term, and no special term had been called. Under Laws 1910, p. 86, the regular term for holding circuit court in Franklin county is fixed on the fourth Monday of June. The term of the court is for civil business only, though two other terms of court are held in the county, on the fourth Monday of April and the third Monday of January. The introduction of the June term into the time fo,r holding court in…

2Cited by6 opinions

  1. Hyde Construction Co. v. Highway Materials Co.Mississippi Supreme Court · 1963
  2. Walton v. StateMississippi Supreme Court · 1927
  3. In Re FoxMississippi Supreme Court · 1974
  4. Sharp v. SmithMississippi Supreme Court · 1938
  5. Steverson v. McLeod Lumber Co.Mississippi Supreme Court · 1919

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