Town of Woodville v. Jenks
Mississippi Supreme Court
Town of Woodville v. Jenks, 94 Miss. 210 (Miss. 1908)
48 So. 620
Fletcher
Town of Woodville v. Jenks
Opinion of the Court
delivered the opinion of the court
The demurrer interposed to the bill in this case raises no-question, except that the cause is of common-law, and not equity,, cognizance. The chancery court, however, overruled the demurrer, thereby taking jurisdiction. Under section 147 of the Constitution of 1890 this court is powerless to reverse for this cause.. Nor do .we think we are authorized, as urged by counsel, to enter an order here transferring the cause to the circuit court. Such a procedure is for the chancery court..
Affirmed..
Reference
- Full Case Name
- Town of Woodville v. Chester H. Jenks
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Supreme Court. Constitutional Law. Constitution 1890, see. 147. Re- ' versáis forbidden in certain cases. Removal of causes from chancery to circuit courts. Under Constitution of 1890, sec. 147, providing that the supreme court shall not reverse a decree of the chancery court or judgment of the circuit court on the ground of a want of jurisdiction to render the judgment or decree from any error or mistake as to whether the cause -in which it was rendered was of equity or common-law jurisdiction, the supreme court, there being no other error, can only affirm the decree or judgment appealed from, and, in the absence of all action on the subject by the court in which the suit was begun, cannot order the removal of a cause from the one court to the other.