Mobile, Jackson & Kansas City Railroad v. Hoye

40 So. 5, 87 Miss. 571

Opinion

Oalhoon, J.,

delivered the opinion of the court.

The exercise of the right of-eminent domain cannot be decreed in equity, either on original bill or cross-bill. The course to pursue is in the manner and in the special tribunal prescribed by Code 1892, § 1679. That is exclusive. Complainant below, the appellee here, was not estopped.

Affirmed, at appellant's costs, tut remanded.