Board of Supervisors v. Owen

Mississippi Supreme Court
Board of Supervisors v. Owen, 100 Miss. 462 (Miss. 1911)
56 So. 525
Whiteield

Board of Supervisors v. Owen

Opinion of the Court

Whiteield, C.

This attempt to invoke the jurisdiction of equity to enjoin the criminal proceedings must fail, for the reason that no property rights, within the legal meaning of that term, are in any manner whatever shown to exist by this record. It is far too fanciful a conception of the phrase “property rights,” when invoked as the basis of equitable jurisdiction to enjoin criminal prosecutions, to call the fines and costs, which the law fixes as punishment for such crimes, “property rights.”

Beversed, and bill dismissed.

Per Curiam. The above opinion is adopted as the opinion of the court, and-for the reasons therein indicated the decree is reversed, and the bill dismissed.

Reference

Full Case Name
Board of Supervisors of Claiborne County v. R. A. Owen
Cited By
1 case
Status
Published
Syllabus
1. Criminal Prosecutions. Injunctions. Property rights. Fines and and Cost. Gode 1906, sections 4465, 4475. Equity jurisdiction cannot be invoked to enjoin criminal proceedings against defaulting road hands under the contract system provided by Code 1906, sections 4465 and 4475, upon the theory that the fines and cost which may be imposed are “property rights.” 2. Same. Pines and cost which the law fixes as punishment for crime are not “property rights” within the legal meaning of that term.