Mississippi Supreme Court, 1905

Mobile, Jackson & Kansas City Railroad v. Hoye

Mobile, Jackson & Kansas City Railroad v. Hoye
Mississippi Supreme Court · Decided November 15, 1905 · Oalhoon
87 Miss. 571; 40 So. 5

Mobile, Jackson & Kansas City Railroad v. Hoye

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.