Ohlson v. Durfrey

Decision Date31 March 1903
CourtMississippi Supreme Court
PartiesPETER OHLSON ET AL. v. ROBERT W. DURFREY

March, 1903

FROM the circuit court of Madison county. HON. ROBERT POWELL, Judge.

Mandamus by Ohlson and another, appellants, against R. W. Durfrey, circuit clerk of Madison county, to compel the issuance to relators of certificates for their attendance as witnesses in the circuit court of Madison county. The petition alleged that petitioners were duly summoned as witnesses in a certain case, named, while they were in Madison county, where the court was held, and that they afterwards attended the trial one day, and duly proved their attendance, but that the clerk, appellee Durfrey, refused to issue a certificate of such attendance, including their mileage. On the trial, defendant moved to dismiss on the ground that two distinct demands of two different persons Were joined in the same petition, which motion the court sustained, and plaintiffs appealed to the supreme court.

Affirmed.

J. B. Chrisman, for appellants.

H. B. Greaves, for appellee.

OPINION

WHITFIELD, C. J.

(See Haskins v. Board of Supervisors, 51 Miss. 406, and vol. 13, Enc. Pl. & Prac., p. 646.)

Affirmed.

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5 cases
  • Henry, Ins. Com'r v. Donovan
    • United States
    • Mississippi Supreme Court
    • 7 Noviembre 1927
    ...of the same or many individuals; two or more distinct rights cannot be joined. Haskins v. Supervisors, 51 Miss. 406; Ohlsan v. Durfrey, 82 Miss. 213, 33 So. 973. has jurisdiction of a suit at the instance of several claimants whose rights grow out of a single situation, though the cause of ......
  • State ex rel. Graham v. Enking
    • United States
    • Idaho Supreme Court
    • 30 Agosto 1938
    ... ... here. (38 C. J. 847, sec. 352, and notes 67 to 75; ... Goodwyn v. Sherer, 145 Ala. 501, 40 So. 279; ... Heckart v. Roberts, 9 Md. 41; Ohlson v ... Durfrey, 82 Miss. 213, 33 So. 973; State v. Fraker, 166 ... Mo. 130, 65 S.W. 720.) ... "The ... legislature cannot in the title ... ...
  • Garraway v. State ex rel. Dale
    • United States
    • Mississippi Supreme Court
    • 23 Enero 1939
    ... ... Martin, of Prentiss, for appellant ... Mandamus ... is improper remedy and circuit court had no jurisdiction ... Ohlson ... v. Durfrey, 82 Miss. 213; Haskins v. Bd. of Suprs., ... 51 Miss. 409; C. J., Mandamus, sec. 56; Jefferson County ... v. Arrghi, [184 Miss ... ...
  • Luter v. Board of Sup'rs of Walthall County
    • United States
    • Mississippi Supreme Court
    • 29 Mayo 1939
    ... ... here, meet every condition set out above ... Haskins ... v. Board of Supervisors, 51 Miss. 406; Ohlson v ... Durfrey, 82 Miss. 213 ... Mounger ... & Calhoun, of Tylertown, for appellee ... The ... petition exhibited in this ... ...
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