Superior Oil Company v. Beery, 38528

Decision Date08 June 1953
Docket NumberNo. 38528,38528
Citation65 So.2d 455
PartiesThe SUPERIOR OIL COMPANY v. Roy BEERY.
CourtMississippi Supreme Court

Appeal from Chancery Court, Jefferson Davis County; Neville Patterson, Chancellor.

Wells, Thomas & Wells, Jackson, W. B. Wagner, Murray Christian, Houston, Tex., for appellant.

Hall & Callender, Columbia, Livingston & Livingston, Prentiss, for appellee.

ARRINGTON, Justice.

This motion is controlled by the decision in the case of The Superior Oil Company v. Foote, Miss., 65 So.2d 453.

Motion to retax costs of transcript on basis of 25cents per 100 words sustained, on condition that the Chancery Clerk furnish a correct, amended statement of costs.

All Justices concur, except HALL, J., who took no part.

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7 cases
  • Haby v. Stanolind Oil and Gas Company
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 20, 1956
    ...734; Hood v. Southern Production Co., 206 La. 642, 19 So.2d 336; Superior Oil Co. v. Beery, 216 Miss. 664, 63 So.2d 115, 64 So.2d 357, 65 So.2d 455. 8 "d. Construction factors in determining intent — Type of impossibility. Impossibility of performance of the terms of an otherwise valid rest......
  • Barnwell, Inc. v. Sun Oil Co.
    • United States
    • Mississippi Supreme Court
    • April 13, 1964
    ...is a power inherent in the existence of a sovereign government. Superior Oil Company v. Beery, 216 Miss. 664, 63 So.2d 115, 64 So.2d 357, 65 So.2d 455. We are of the opinion that the case of Corley v. Miss. State Oil & Gas Board, 234 Miss. 199, 105 So.2d 633, fully answers the contention of......
  • California Co. v. Britt
    • United States
    • Mississippi Supreme Court
    • June 3, 1963
    ...case is governed by the doctrine of equitable, de facto pooling. Superior Oil Co. v. Beery, 216 Miss. 664, 63 So.2d 115, 64 So.2d 357, 65 So.2d 455 (1953); Griffith v. Gulf Ref. Co., 215 Miss. 15, 60 So.2d 518, 61 So.2d 306 (1952); Hassie Hunt Trust Co. v. Proctor, 215 Miss. 84, 60 So.2d 55......
  • Superior Oil Co. v. Magee
    • United States
    • Mississippi Supreme Court
    • May 7, 1956
    ...1952, 214 Miss. 857, 59 So.2d 85, 844, 37 A.L.R.2d 415; Superior Oil Company v. Beery, 1953, 216 Miss. 664, 63 So.2d 115, 64 So.2d 357, 65 So.2d 455; Humble Oil & Refining Company v. Hutchins, 1953, 217 Miss. 636, 64 So.2d 773, 65 So.2d 824. Although the case was not tried until 1954 and a ......
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