J.C. Erwin v. Mississippi State Highway, 38398

• Decision Date: 03 December 1951
• Docket Number: No. 38398,38398
• Citation: 55 So.2d 231
• Parties: J. C. ERWIN v. MISSISSIPPI STATE HIGHWAY.
• Court: Mississippi Supreme Court

Page 231

55 So.2d 231

J. C. ERWIN v. MISSISSIPPI STATE HIGHWAY.

No. 38398.

Supreme Court of Mississippi, Division A.

Dec. 3, 1951.

Appeal from Chancery Court, Lauderdale County; Thomas Y. Minniece, Chancellor.

On Motion to Dismiss Appeal.

Geo. M. Ethridge, Jr., Lyle V. Corey, Meridian, for appellant.

Dunn & Singley, Meridian, for appellee.

ETHRIDGE, Commissioner.

The motion of appellee, Mississippi State Highway Commission, to dismiss this appeal is overruled. In allowing the appeal under Code Section 1148, the chancellor exercised a sound discretion for the purpose of settling the fundamental principles of the case. We think that the appeal embraces considerably more than a mere appeal from the chancery court's refusal to issue a preliminary injunction. This is apparent when the opinion of the chancellor is considered together with the order of the chancery court. In that light the appeal also involves the question of whether the chancery court has jurisdiction of the matter under appellant's amended bill of complaint. Yazoo & M. V. R. R. Co. v. James, 1914, 108 Miss. 656, 69 So. 152.

Without indicating any opinion whatever at the present time on the merits, we are not prepared to say that the motion is proper on the alleged ground that the controlling principles of law involved have been fully settled. See Dantzler v. State Highway Commission, 1940, 187 Miss. 721, 193 So. 4, 624.

Motion of appellee to dismiss appeal overruled.

PER CURIAM.

The above opinion is adopted as the opinion of the Court and for the reasons therein indicated the motion of appellee to dismiss appeal is overruled.