State ex rel. McClurg v. Mississippi Cotton Oil Co.
State ex rel. McClurg v. Mississippi Cotton Oil Co.
Opinion of the Court
delivered the opinion of the court.
The act of 1900, p. 125, against trusts and combines, is silent as to venue. That was, perhaps, not thought of. Code, § 650, relates to venue in the circuit courts in actions generally, just as § 510 does for chancery courts. Sections 652, 653, and 654 regulate venue in circuit courts as to certain corporations, etc. Venue in suits before justices of the peace is carefully regulated. Section 3097 regulates it in partition proceedings; §3709, in replevin; §4248, in suits against the state. Section 2588 (repealed in 1900) prescribed the venue in certain suits. Section 2847 prescribes it in mandamus, and then provision is specially made for cases of several defendants in different counties. In guo warranto the venue is specifically provided for by § 3521, and no provision is made, as might have been made, for the case of joint proceedings against several defendants. Jurisdiction is dependent on venue. This court has decided (what is obvious) that in special proceedings,
Affirmed.
Reference
- Full Case Name
- State of Mississippi ex rel. Monroe McClurg, Attorney-General v. Mississippi Cotton Oil Company
- Status
- Published
- Syllabus
- Tbusts and Combines. Corporations. Forfeiture of charier. Venue. Quo warranto. Code 1892, $ 3521. Laws 1900. p. 125. A quo warrcmto proceeding, instituted by the state on the relation of the attorney-general, under sec. 4 of the act of March 12, 1900, (Laws 1900, p. 125) to forfeit the charter of a corporation because it is a party to a trust and combine, is a civil and not a criminal proceeding, and the venue of such a suit is regulated by code 1892, 13521, providing for the institution of 'quo warranto suits in the circuit court of the county of defendant’s residence.