Vinegar Bend Lumber Co. v. Oak Grove & Georgetown Railroad
Mississippi Supreme Court
Vinegar Bend Lumber Co. v. Oak Grove & Georgetown Railroad, 89 Miss. 117 (Miss. 1906)
43 So. 299
Mayes
Vinegar Bend Lumber Co. v. Oak Grove & Georgetown Railroad
Opinion of the Court
delivered tbe opinion of the court.
This is an appeal from tbe chancery court of Greene county. Tbe questions involved in this case have been fully discussed in tbe companion case to this, appealed from the circuit court, Vinegar Bend Lumber Co. v. Oak Grove & Georgetown Railroad Company, ante (s. c., 43 South. Rep., 292). We think the chancellor should not have dissolved the injunction, and for this reason the case is
Beversed, injunction reinstated, and the cause remanded, to be proceeded with in accordance with the opinion m the case referred to herein.
Reference
- Full Case Name
- Vinegar Bend Lumber Company v. Oak Grove & Georgetown Railroad Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Equity Jurisdiction. Injunction. Eminent domain proceedings. Constitution of 1890, sec. 17. The chancery court in proper case may enjoin the appropriation of property sought to be taken by eminent domain proceedings, and has jurisdiction to hear and determine the rights guaranteed by the constitution of 1890, sec. 17, providing that private property shall not be taken or damaged for public use except on due compensation being first made to the owner or owners thereof in a manner to be prescribed by law, and also providing that whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use is public shall be a judicial question, and as such determined without regard to legislative assertion that the use is public.