Keystone Lumber Yard v. Yazoo & Mississippi Valley Railroad

Citations

• 96 Miss. 116
• 50 So. 445

Syllabus

<p>1. Equity Jurisdiction. Discovery. Statutory modes of making proof. Effect.</p> <p>Original equity jurisdiction of bills for discovery is not taken away by statutes simply providing other means of proving the facts sought to he discovered.</p> <p>2. Same. Same. Constitution 1890, sec. 160. Complete relief.</p> <p>Where the chancery court takes jurisdiction for the purpose of discovery, it may grant full relief in the ease, under the power conferred by Constitution 1890, sec. 160, providing that, where the court heretofore exercised jurisdiction auxiliary to courts of common law, it may exercise such jurisdiction to grant the relief sought, although the legal remedy may not have been exhausted, or the legal title established by suit at law.</p> <p>3. Same. Same. Same. Railroads. Reciprocal demurrage. Penalties.</p> <p>Reciprocal demurrage charges, if penalties at all, are statutory penalties, and not penalties created by contract;' and hence, where the chancery court has taken jurisdiction for the purpose of discovery, sought in a bill to compel the carrier to pay such charges, it will grant full relief by a decree for the amount proved.</p>