Bush v. Quick

Mississippi Supreme Court
Bush v. Quick, 90 Miss. 32 (Miss. 1907)
43 So. 70
Calhoon

Bush v. Quick

Opinion of the Court

Calhoon, J.,

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 *37•Jones county into two circuit and chancery court districts. The complainants were certain citizens and taxpayers against the board of supervisors and election commissioners, praying injunction against holding an election under the act, and that the act be declared void. Demurrers were filed by all the defendants. The appellants here, Bush and the others, intervened in that suit by petition to be made parties defendant in it, charging that it was filed by collusion for delay, and the petitioners, also citizens and taxpayers, wanted to press the dissolution of the injunction and final decree. The court refused to permit them to come in as defendants, and they appeal “to settle the principles of the case,” leaving the main case below still pending and undetermined at that time.

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.