Home/Mississippi Supreme Court/Stevens Enterprises, Inc. v. McDonnell

Stevens Enterprises, Inc. v. McDonnell

85 So. 2d 468, 226 Miss. 826, 1956 Miss. LEXIS 467
CourtMississippi Supreme Court
DecidedFebruary 13, 1956
DocketNo. 39735
StatusPublished
Cited by7 cases

This text of 85 So. 2d 468 (Stevens Enterprises, Inc. v. McDonnell) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stevens Enterprises, Inc. v. McDonnell, 85 So. 2d 468, 226 Miss. 826, 1956 Miss. LEXIS 467 (Mich. 1956).

Opinion

Gillespie, J.

This is a companion to the case of Stevens Enterprises, Inc. v. Stone, No. 39,922, this day decided. In this suit, Stevens Enterprises filed its original hill in the Chancery Court of Harrison County, Mississippi to enjoin the Sheriff of Harrison County from proceeding further with the sale of appellant’s property under warrant issued for the collection of sales tax. A demurrer was sustained and the bill was dismissed.

This case was argued and briefed with case No. 39,922, and it appears from that case that the sheriff has sold all of appellant’s property and this case has become moot. The Court cannot enjoin the sheriff from doing that which has already been done. This Court has repeatedly held that it will not adjudicate moot questions. Sheldon v. Ladner, 205 Miss. 265, 38 So. 2d 718. The motion to dismiss the appeal is sustained.

Motion to dismiss appeal sustained.

All justices concur, except Kyle and Holmes, JJ., who took no part.

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State ex rel. Stevens Enterprises, Inc. v. McDonnell
111 So. 2d 662 (Mississippi Supreme Court, 1959)

Cite This Page — Counsel Stack

Bluebook (online)
85 So. 2d 468, 226 Miss. 826, 1956 Miss. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-enterprises-inc-v-mcdonnell-miss-1956.