Bush v. Quick
Bush v. Quick
Opinion of the Court
delivered the opinion of the court.
A bill was filed, styled "Ross et al. v. Quick et al.” (see 89 Miss., 29; 42 South. 281), attacking the constitutionality of the act of 1906 (Laws 1906, p. 206, c. 169), dividing
There was no right to appeal under sec. 3d, Code 1892, which has no reference to questions of practice. The remedy by independent bill against both complainants and defendants in the bill was complete, and their petition to be made parties involved no principles in that case to be settled. If they had filed an independent bill, and a demurrer to it had been sustained, they could have appealed under the statute. There was no right, in the pending suit, to make a new case by charge of collusion between the parties, thus presenting two issues.
Appeal dismissed.
Reference
- Full Case Name
- Frank H. Bush v. Jesse W. Quick
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Chancery Practice. Appeal. Code 1892, § 34 (Code 1906, § 35). Interlocutory decree. Settle principles. Strangers to suit. A stranger to an equity suit, whose petition to become a party has been denied, cannot appeal from the denial to the supreme court, under Code 1892, § 34 (Code 1906, § 35), authorizing appeals from interlocutory decrees in order to settle the principles of the case. ■2. Same. Intervention not a right. New suit. County district controversy. Election. The remedy of a person, claiming that a bill by taxpayers to enjoin- the board of supervisors and election commissioners of a county from holding an election under an act providing for the division of the county into two court districts on the ground that the suit was filed by collusion between the parties, is by an independent bill against both parties, and not by intervening in that suit and making a new cause by a charge of collusion.