Town of Woodville v. Jenks

Mississippi Supreme Court

Town of Woodville v. Jenks

48 So. 620, 94 Miss. 210

CourtMississippi Supreme Court

DecidedOctober 15, 1908

StatusPublished

Cited by3 cases

This text of 48 So. 620 (Town of Woodville v. Jenks) 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

Town of Woodville v. Jenks, 48 So. 620, 94 Miss. 210 (Mich. 1908).

Pincite

Opinion

Fletcher, J.,

delivered the opinion of the court

The demurrer interposed to the bill in this case raises no-question, except that the cause is of common-law, and not equity,, cognizance. The chancery court, however, overruled the demurrer, thereby taking jurisdiction. Under section 147 of the Constitution of 1890 this court is powerless to reverse for this cause.. Nor do .we think we are authorized, as urged by counsel, to enter an order here transferring the cause to the circuit court. Such a procedure is for the chancery court..

Affirmed..

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Fletcher, J.,

delivered the opinion of the court

The demurrer interposed to the bill in this case raises no-question, except that the cause is of common-law, and not equity,, cognizance. The chancery court, however, overruled the demurrer, thereby taking jurisdiction. Under section 147 of the Constitution of 1890 this court is powerless to reverse for this cause.. Nor do .we think we are authorized, as urged by counsel, to enter an order here transferring the cause to the circuit court. Such a procedure is for the chancery court..

Affirmed..

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Bluebook (online)

48 So. 620, 94 Miss. 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-woodville-v-jenks-miss-1908.

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