Hindman v. Bridges, 43945
| Decision Date | 02 May 1966 |
| Docket Number | No. 43945,43945 |
| Citation | 185 So.2d 922 |
| Court | Mississippi Supreme Court |
| Parties | E. A. HINDMAN, d/b/a E. A. Hindman Plumbing & Electric, v. Romeo BRIDGES et al. |
Ben F. Hilbun, Jr., P. L. Douglas, Starkville, for appellant.
Fair & Mayo, Strong & Smith, Louisville, for appellees.
Appellant brought suit in the Circuit Court of Winston County to enforce a materialmen's lien on certain real property. One of the defendants filed a motion to transfer the cause to the Chancery Court of Winston County, whereupon the circuit court entered an order reciting that the case involved complicated accounting among the numerous parties to the suit and the adjudication of the validity and priority of numerous liens and the amounts thereof, and that the cause could best be determined by the chancery court; and the cause was transferred to the chancery court.
Appellant says that the circuit court erred in transferring the cause to the Chancery Court of Winston County.
Appeals from the circuit court to the Supreme Court of Mississippi may be taken only from a final judgment of the circuit court in a civil case. Miss.Code Annot. § 1147 (1956). A final judgment within the meaning of this statute means a judgment adjudicating the merits of a controversy. Roach v. Black Creek Drainage Dist., 206 Miss. 794, 41 So.2d 5 (1949). The transfer of a case from a law court to the chancery court is not a final judgment, and no appeal lies from such order. Coats v. Coats, 227 Miss. 264, 86 So.2d 4 (1956). Under the foregoing authority this Court does not have jurisdiction of this appeal, and it is dismissed.
Appeal dismissed.
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Banks v. City Finance Co., 2001-CA-00862-SCT.
...this Court as a judgment adjudicating the merits of the controversy which settles all the issues as to all the parties. Hindman v. Bridges, 185 So.2d 922 (Miss.1966); Cotton v. Veterans Cab Co., Inc., 344 So.2d 730 Sanford v. Board of Supervisors, 421 So.2d 488, 490-91 (Miss.1982). As defin......
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Sanford v. Board of Sup'rs, Covington County
...this Court as a judgment adjudicating the merits of the controversy which settles all the issues as to all the parties. Hindman v. Bridges, 185 So.2d 922 (Miss.1966); Cotton v. Veterans Cab Co., Inc., 344 So.2d 730 (Miss.1977). The mere fact that an otherwise premature appeal may result in ......
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Cives Steel Co. Port of Rosedale v. Williams, No. 2003-WC-00860-COA.
...that a final judgment of a circuit court in a civil case means a "judgment adjudicating the merits of a controversy." Hindman v. Bridges, 185 So.2d 922, 923 (Miss.1966). It may not be final for res judicata purposes, since further appeals or remands may occur. But once a specific court has ......
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Sliman v. Nguyen, 2008-CA-00957-SCT.
...the merits of the controversy which settles all the issues as to all the parties." Banks, 825 So.2d at 645 (citing Hindman v. Bridges, 185 So.2d 922 (Miss.1966)). See also Cotton v. Veterans Cab Co., 344 So.2d 730, 731 (Miss.1977) ("In sum, the judgment is final only when it settles all iss......