Dunn Const. Co. v. Craig

Decision Date22 September 1941
Docket Number34595.
Citation3 So.2d 834,191 Miss. 682
CourtMississippi Supreme Court
PartiesDUNN CONST. CO. et al. v. CRAIG, State Tax Collector.

On suggestion of error.

Suggestion of error overruled.

Appeal from Circuit Court, Hinds County; J.F. Barbour, Judge.

Watkins & Eager, Chambers & Trenholm, and R.H. & J.H. Thompson, all of Jackson, Heidelberg & Roberts, of Hattiesburg, and Jacobson, Snow & Covington, of Meridian, for appellant.

Butler & Snow, Stevens & Stevens, and Lotterhos & Travis, all of Jackson, and Thos. J. Tubb, of West Point, amici curiae.

W.E. Gore, Forrest B. Jackson, and Creekmore & Creekmore, all of Jackson, for appellee.

SMITH, Chief Justice.

I concur in overruling this suggestion of error. The sole question in the case is whether or not Section 16, Chapter 113, Laws of 1938, withdraws from the appellee the right to bring this suit. Whether it also withdraws such right from the Attorney General is not before the Court, and any opinion expressed thereon is mere dictum not binding on any one. A conflict appears in the decisions of this Court as to the right of the Legislature, under Section 103 of the Constitution, to define the powers of the Attorney General so as to deprive him of any power he might have at common law, which conflict can be resolved only in a case where this right vel non of the Legislature is necessarily involved. I, therefore, express no opinion of the effect of this statute on the right of the Attorney General to institute legal proceedings authorized by it.

To continue reading

Request your trial
10 cases
  • Turner v. State
    • United States
    • Mississippi Supreme Court
    • 12 d3 Dezembro d3 1990
    ...governor or other state officer" including "any district attorney."); see also Dunn Constr. Co. v. Craig, 191 Miss. 682, 2 So.2d 166, 3 So.2d 834 (1941). Finally, Turner's appeal of the circuit court judgment was not actually filed with this Court until only a week prior to Justice Pittman'......
  • State ex rel. Allain v. Mississippi Public Service Com'n, 53709
    • United States
    • Mississippi Supreme Court
    • 11 d3 Agosto d3 1982
    ...State v. Warren, 254 Miss. 293, 180 So.2d 293, 182 So.2d 234 (1965); Dunn Construction Co. v. Craig, 191 Miss. 682, 2 So.2d 166, 3 So.2d 834 (1941); and Capitol Stages v. State, 157 Miss. 576, 128 So. 759 (1930). (Emphasis Also, consistent with this Court's pronouncement with reference to t......
  • Roberts v. Mississippi Republican Party State Executive Committee, 55619
    • United States
    • Mississippi Supreme Court
    • 6 d3 Março d3 1985
    ...Casualty Company, 176 Miss. 388, 166 So. 541, 168 So. 609 (1936); Dunn Construction Company v. Craig, 191 Miss. 682, 2 So.2d 166, 3 So.2d 834 (1941); Price v. Price, 202 Miss. 268, 32 So.2d 124 (1947); Bailey v. Emmich Brothers, 204 Miss. 666, 37 So.2d 797 227 So.2d at 463. In this case the......
  • Reed v. State
    • United States
    • Mississippi Supreme Court
    • 16 d3 Março d3 1988
    ...I concur in vacating his conviction and discharging him. This should conclude the majority opinion, in my view. Dunn Const. Co. v. Craig, 191 Miss 682, 3 So.2d 834 (1941); City of Jackson v. Wallace, 189 Miss. 252, 196 So. 223 (1940); Aetna Ins. Co. v. Commander, 169 Miss. 847, 153 So. 877 ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT