Cases Argued and Decided in the Supreme Court of Mississippi Volume 63

Cases Argued and Decided in the Supreme Court of Mississippi Volume 63

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...than the one duly urged below. We also insist that the bill of exceptions should be stricken from the files. COOPER, C. J., delivered the opinion of the court. t The bill of exceptions in this case was prepared during the term at which the judgment appealed from was rendered, but the president of the board of supervisors for some reason not stated failed to sign it until after the adjournment of the term. The appellants, having done all that was in their power by preparing and tendering a proper bill to the proper ofiicer, ought not to suffer by reason of his neglect to promptly sign the same.-1' The record nowhere shows that the applicant, Beall, was a resi--dent of the county of Holmes, and the case falls precisely within the principles announced in the case of llIcOreary v. Rhodes & Silk, ante, 308. It is manifest, we think, that the objection now sustained was not suggested in the court below, but it is jurisdictional and may be made here for the first time. The judgment of the circuit court is therefore reversed, and a judgment entered here vacating and annulling the order of the Board of Supervisors of Holmes County granting to the appellee license to retail liquors as therein recited. ILLINOIS CENTRAL R. R. Co. v. Dr: Wrrr C. JORDAN. 1. Rarmzonn. Injury done whilst running more than six mflesper hour. Rule of speed at instant of accident. Section 1047, Code of 1880. Under Q 1047, Code of 1880, which provides a right of action in favor of any one injured by the locomotives or cars of a railroad company " whilst running at a greater rate of speed than six miles an hour, through any city, town, or village," it is no defense in a suit for damages for the killing of a horse within the corporate limits of a town...
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Product details

  • Paperback | 338 pages
  • 189 x 246 x 18mm | 603g
  • United States
  • English
  • black & white illustrations
  • 123681455X
  • 9781236814555