Mobile, Jackson & Kansas City Railroad v. Hoye

Mississippi Supreme Court November 15, 1905

Mobile, Jackson & Kansas City Railroad v. Hoye, 87 Miss. 571 (Miss. 1905)

40 So. 5

Oalhoon

Opinion of the Court

Oalhoon, J.,

delivered the opinion of the court.

The exercise of the right of-eminent domain cannot be decreed in equity, either on original bill or cross-bill. The course to pursue is in the manner and in the special tribunal prescribed by *575Code 1892, § 1679. That is exclusive. Complainant below, the appellee here, was not estopped.

Affirmed, at appellant's costs, tut remanded.

Reference

Full Case Name: Mobile, Jackson & Kansas City Railroad Company v. Lillian Hoye
Status: Published
Syllabus: Eminent Domain. Jurisdiction. Code 1892, §§ 1679, 1680. Equity. The special court of eminent domain created by .Code 1892, §1680, has exclusive jurisdiction of eminent domain proceedings, as provided by Code 1892, § 1679, and the right of eminent domain cannot be enforced in equity either by an original bill or a cross-bill.