Taylor v. Hemming

Mississippi Supreme Court

Taylor v. Hemming

179 So. 2d 8, 253 Miss. 756, 1965 Miss. LEXIS 1044

CourtMississippi Supreme Court

DecidedOctober 18, 1965

DocketNo. 43622

StatusPublished

Cited by2 cases

This text of 179 So. 2d 8 (Taylor v. Hemming) 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

Taylor v. Hemming, 179 So. 2d 8, 253 Miss. 756, 1965 Miss. LEXIS 1044 (Mich. 1965).

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Opinion

Ethridge, P. J.

Appellee, Cliff W. Hemming, brought this suit in the Chancery Court of Lauderdale County against Hillman Taylor and Bankers National Life Insurance Company. He sought damages for an alleged wrongful interference with a contract by the three parties, designating Taylor and Hemming as general agents of the company, and with a contract between Taylor and Hemming for division of their compensation from premiums on company policies. The chancery court overruled general demurrers filed by the company and Taylor to the bill of complaint, and allowed defendants interlocutory appeals. We conclude that the appeals are premature, and in a case of this type they were improvidently granted under the statute, and accordingly dismiss them. Miss. Code Ann. § 1148 (1956).

Under section 1148 an interlocutory appeal is proper only when it will settle all of the controlling principles in the cause. There are complex legal issues involved in an action for wrongful interference with contractual relations, and particularly in the instant case. Also, this case will involve factual issues, including apparently an asserted privilege or justification. None of the relevant facts are available for consideration by this Court on the present record, in which we have only the bill of [760]*760complaint. See Griffith, Mississippi Chancery Practice §§ 679-684 (2d ed. 1950).

Appeal dismissed.

Rodgers, Jones, Inzer and Smith, JJ., concur.

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Ethridge, P. J.

Appellee, Cliff W. Hemming, brought this suit in the Chancery Court of Lauderdale County against Hillman Taylor and Bankers National Life Insurance Company. He sought damages for an alleged wrongful interference with a contract by the three parties, designating Taylor and Hemming as general agents of the company, and with a contract between Taylor and Hemming for division of their compensation from premiums on company policies. The chancery court overruled general demurrers filed by the company and Taylor to the bill of complaint, and allowed defendants interlocutory appeals. We conclude that the appeals are premature, and in a case of this type they were improvidently granted under the statute, and accordingly dismiss them. Miss. Code Ann. § 1148 (1956).

Under section 1148 an interlocutory appeal is proper only when it will settle all of the controlling principles in the cause. There are complex legal issues involved in an action for wrongful interference with contractual relations, and particularly in the instant case. Also, this case will involve factual issues, including apparently an asserted privilege or justification. None of the relevant facts are available for consideration by this Court on the present record, in which we have only the bill of [760]*760complaint. See Griffith, Mississippi Chancery Practice §§ 679-684 (2d ed. 1950).

Appeal dismissed.

Rodgers, Jones, Inzer and Smith, JJ., concur.

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Bluebook (online)

179 So. 2d 8, 253 Miss. 756, 1965 Miss. LEXIS 1044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-hemming-miss-1965.

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