State ex rel. Howie v. Benson

Citations

• 108 Miss. 779
• 67 So. 214

Syllabus

<p>1. Appearance. Plea to the jurisdiction and to merits. Mandamus. Operation of electric light plant. Duty to operate.</p> <p>Under section 3234, Code 1906, providing, “that the petition for mandamus shall stand for a declaration, and the defendant shall plead to it, as if it were an ordinary action at law, and' the same rules of pleading and proceeding applicable to actions in the circuit court shall be observed in this action” where a non-resident defendant files an answer alleging want of jurisdiction on account of his being a non-resident, and in addition, pleads special matter in bar to the merits, he thereby appears generally and confers jurisdiction over his person.</p> <p>2. Mandamus. Operation of electric lighting plant. Duty to operate.</p> <p>Where respondent purchased the assets and franchises of a chartered electric light plant, he thereby assumed the duty to operate the same for the benefit of the public, and could be compelled to do so by mandamus.</p>