Wynne v. Illinois Cent. R. Co.

• Decision Date: 23 November 1914
• Citation: Wynne v. Illinois Cent. R. Co., 66 So. 410, 105 Miss. 786 (Miss. 1914)
• Court: Mississippi Supreme Court
• Parties: L. B. WYNNE et al. v. ILLINOIS CENTRAL RAILROAD COMPANY

66 So. 410

105 Miss. 786

L. B. WYNNE et al. v. ILLINOIS CENTRAL RAILROAD COMPANY

Supreme Court of Mississippi

November 23, 1914

Petition by the Illinois Central Railroad Company to the judges of the supreme court at chambers, for the issuance of a writ of supersedeas.

The facts are fully stated in the opinion of the court.

Petition denied.

Mayes &amp Mayes, attorneys for petitioners.

McNeil & Loeb, contra.

OPINION

SMITH, C. J.

This is a petition presented by counsel for the Illinois Central Railroad Company to the judges of this court, at chambers for the issuance of a writ of supersedeas.

It appears from the petition that there is pending in the circuit court of Copiah county a cause wherein the Illinois Central Railroad Company is defendant, and L. B. Wynne, et als., are plaintiffs; that on motion of plaintiffs an order has been entered by that court, under section 1003 of the Code, requiring the defendant to have certain of its books, papers, documents, etc., at Hazlehurst Mississippi, on November 26, 1914, at ten o'clock, a. m., for the inspection of the plaintiffs, and to allow them a reasonable time within which to make this inspection, and such copies thereof as they may desire. The petition then alleged that this order was void, for the reason that the circuit judge exceeded his authority in making it, setting forth particularly wherein this authority had been exceeded, and prayed that this order be either superseded in whole, or modified in part.

The only power which any judge of the supreme court has to issue a writ of supersedeas is such as is conferred upon him by section 992 and 4908 of the Code neither of which cover the case here under consideration. If the petition be treated as having been presented to the court as such, and not to the judge thereof, it...