City of Greenwood v. Humphrey & Co., Inc.

• Decision Date: 23 May 1938
• Docket Number: 32224.
• Citation: 181 So. 517,182 Miss. 91
• Parties: CITY OF GREENWOOD v. HUMPHREY & CO., Inc.
• Court: Mississippi Supreme Court

181 So. 517

182 Miss. 91

CITY OF GREENWOOD v. HUMPHREY & CO., Inc.

No. 32224.

Supreme Court of Mississippi, Division A.

May 23, 1938

Appeal from Circuit Court, Leflore County; S. F. Davis, Judge.

On motion to correct the judgment.

Motion sustained.

For prior opinion, see179 So. 862.

A. H Bell and R. C. McBee, both of Greenwood, for appellant.

Means Johnston, S. L. Gwin, and Berry D. Brown, all of Greenwood for appellee.

SMITH Chief Justice.

The motion to correct the judgment hereinbefore rendered, so as to conform to the intent of the opinion then rendered, is sustained, and the judgment of the court below granting the writ of prohibition will remain affirmed, though modified to read as follows:

Came on for hearing this cause, and it appearing from the evidence that the cause styled City of Greenwood, a Municipal Corporation, v. Humphrey & Company, Inc., et al., No. 1181 on the general docket of the county court of Leflore county, Miss., for the restraint of the trial of which a writ of prohibition is herein prayed, has been removed to the Delta Division of the United States District Court of the Northern District of Mississippi, and that no valid order remanding it from that court to the county court of Leflore county has been made, it is ordered and adjudged that the...