Mississippi Supreme Court, 1972

Mississippi State Highway Commission v. Cook

Mississippi Supreme Court · Decided December 11, 1972 · Broom, Gillespie, Jones, Smith, Sugg

270 So. 2d 695; 1972 Miss. LEXIS 1253 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Graham v. Murray (Miss. 1978)
Mississippi State Highway Commission v. Presley (Miss. 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

JONES, Justice:

This is an eminent domain suit filed by appellant and tried in the County Court of Lauderdale County, appealed to the circuit court and now pending here on appeal. Questions are argued about the proceedings in the count}'- court including instructions, and, also, the excessiveness of the verdict.

There was no assignment of error filed in the circuit court when the case was appealed there from the county court. Under several cases heretofore decided by this Court, we cannot consider any non-jurisdictional questions not presented by an assignment of error filed in the circuit court. The judgment is therefore affirmed. Richardson v. Flowers, 194 Miss. 105, 11 So.2d 808 (1943) ; State v. Carraway, 160 Miss. 263, 134 So. 846 (1931); Merrill Engineering Co. v. Bolton & Carr, 119 So. 354 (Miss. 1929); Eaton v. Hattiesburg Auto Sales Co., 151 Miss. 211, 117 So. 534 (1928).

Affirmed.

GILLESPIE, C. J., and SMITH, SUGG and BROOM, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.