Public-domain · open source
OpenJurist

90 Miss. 32

Bush v. Quick

Mississippi Supreme Court

Decided March 15, 1907

Mississippi Supreme Court · decided 1907-03-15

From the chancery court of Jones county. Hon. James L. McCaskilx, Chancellor. Bush and thirty-two others, resident citizens, qualified voters and taxpayers of Jones county, the appellants, filed a petition in a suit pending in the chancery court of the county, asking to be made defendants thereto.

Good law ✅— No negative treatment on recordhow we know

Decided 1907-03-15

How this case has been cited

Cited by 6 later decisions — most recently February 1966

6 state decisions

301907191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Calhoon, J.,

¶1delivered the opinion of the court.

¶2A 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.

¶3There 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.

¶4Appeal dismissed.

/90/miss/32 · .json · Public domain