Indianola Compress & Storage Co. v. Southern Ry. Co.

Citations

• 110 Miss. 602
• 70 So. 703

Syllabus

<p>1. Appeal and Error. Questions. Beviewable. Questions miseá in trial court. Jurisáiction. Estoppel.</p> <p>Where a cause, is not one strictly of equity cognizance, hut still under section 147 of our Constitution, it was within the power of the court below to hear and determine it. In such case the question of jurisdiction, in order to be availed of in the supreme court should have been distinctly raised and insisted on in the court below.</p> <p>X Appeal and Error. Jurisdiction. Estoppel.</p> <p>Where defendants in the' chancery court not only did not insist on an objection to the jurisdiction of the court, but by filing cross-bill themselves submitted the whole matter in controversy to the court for adjudication, they were thereby on appeal estopped from questioning its power so to do.</p>