ERWIN v. MISS. STATE HWY. COMM.

No. 38398.

213 Miss. 885 (1952)

58 So.2d 52

ERWIN v. MISS. STATE HIGHWAY COMMISSION.

Supreme Court of Mississippi.

April 14, 1952.


Attorney(s) appearing for the Case

Geo. M. Ethridge, Jr., and Lyle V. Corey, for appellant.

Dunn & Singley, and Matthew Harper, Jr., Assistant Attorney General, for appellee.


Ethridge, J.

The principal question involved on this appeal is whether the chancery court has jurisdiction to test the issue of public necessity by enjoining the State Highway Commission from prosecuting an eminent domain suit in the county court, in the absence of exceptional circumstances characterized by fraud or abuse of discretion.

On April 28, 1951, appellant, J.C. Erwin, filed a bill of complaint...

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