Mississippi Supreme Court, 1975

Moore v. Mississippi Hospital & Medical Service

Mississippi Supreme Court · Decided September 9, 1975 · Broom, Gillespie, Inzer, Patterson, Robertson, Rodgers, Smith, Sugg, Walker

317 So. 2d 919; 1975 Miss. LEXIS 1792 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Douglas E. Benedict, Sr. v. City of Hattiesburg, Mississippi (Miss. 1993)
Benedict v. City of Hattiesburg (Miss. 1997)
Penrod Drilling Co. v. Bounds (Miss. 1983)
Smith v. University of Mississippi (Miss. 2001)
M. Kent Smith v. University of Mississippi (Miss. 2000)

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

PATTERSON, Justice.

This is an appeal from a decree of the Chancery Court of Neshoba County sus*920taining a demurrer to the bill of complaint and dismissing the cause of action. The ground for the demurrer was that jurisdiction of the cause was in the circuit court of the county rather than the chancery court.

The present issue is whether the trial court should have transferred the cause to the circuit court or whether it correctly dismissed the bill of complaint.

We are of the opinion that the demurrer was properly sustained, but that the trial court erred in dismissing the cause. It should have been transferred to the circuit court. See Section 162, Mississippi Constitution (1890) and Layne Central Co. v. Gulf Coast Ice Co., 171 Miss. 94, 157 So. 84 (1934).

Reversed and remanded to the Circuit Court of Neshoba County.

GILLESPIE, C. J., RODGERS, P. J., and SMITH, ROBERTSON, WALKER and BROOM, JJ., concur.

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