safe rule in Mississippi

1938Cas. 1918E, 1146, in which latter case the court said: C<A safe rule was announced by Judge Terral in Gibbs v. McIntosh, 78 Miss. 648 , 29 So. 465 , that: ‘it is not the policy of this state to have elections, and other political matters of government reserved to legislative discretion,. *640 interfered with, by the judges and officers of the judicial department of the government.’ ” Again, in the case of Barnes v. McCleod et al., 165 Miss. 437 , 140 So. 740 , where jurisdiction of a court of equity was denied, and where it was contended that the writ of prohibition was the proper remedy to pr

1932We have examined the issues and the opinion of *452 the court in this case of Conner v. Gray, and with the highest regard for the learning and ability, of the judge delivering the opinion of the court in that case, w'e are forced to the conclusion that the statements of the court in that case upon the jurisdiction of equity are too general and far-reaching.” The court said further: “A safe rule was announced by Judge Terral in Gibbs v. McIntosh, 78 Miss. 648 , 29 So. 465 , that: ‘It is not the policy of this state to have elections, and other political matters of government reserved to legisla

1983In Gambrell v. State, 92 Miss. 728 , 46 So. 138 (1908), a death penalty case, the Court held that "Whenever there is any serious doubt in the law as to whether or not certain proof is or is not permissible, a safe rule to pursue is to solve the doubt in favor of the accused and permit the testimony to go to the jury." 92 Miss. at 736 , 46 So. at 138 .

1983In Gambrell v. State, 92 Miss. 728 , 46 So. 138 (1908), a death penalty case, the Court held that "Whenever there is any serious doubt in the law as to whether or not certain proof is or is not permissible, a safe rule to pursue is to solve the doubt in favor of the accused and permit the testimony to go to the jury." 92 Miss. at 736 , 46 So. at 138 .

1938Cas. 1918E, 1146, in which latter case the court said: C<A safe rule was announced by Judge Terral in Gibbs v. McIntosh, 78 Miss. 648 , 29 So. 465 , that: ‘it is not the policy of this state to have elections, and other political matters of government reserved to legislative discretion,. *640 interfered with, by the judges and officers of the judicial department of the government.’ ” Again, in the case of Barnes v. McCleod et al., 165 Miss. 437 , 140 So. 740 , where jurisdiction of a court of equity was denied, and where it was contended that the writ of prohibition was the proper remedy to pr

1938Cas. 1918E, 1146, in which latter case the court said: C<A safe rule was announced by Judge Terral in Gibbs v. McIntosh, 78 Miss. 648 , 29 So. 465 , that: ‘it is not the policy of this state to have elections, and other political matters of government reserved to legislative discretion,. *640 interfered with, by the judges and officers of the judicial department of the government.’ ” Again, in the case of Barnes v. McCleod et al., 165 Miss. 437 , 140 So. 740 , where jurisdiction of a court of equity was denied, and where it was contended that the writ of prohibition was the proper remedy to pr

1932We have examined the issues and the opinion of *452 the court in this case of Conner v. Gray, and with the highest regard for the learning and ability, of the judge delivering the opinion of the court in that case, w'e are forced to the conclusion that the statements of the court in that case upon the jurisdiction of equity are too general and far-reaching.” The court said further: “A safe rule was announced by Judge Terral in Gibbs v. McIntosh, 78 Miss. 648 , 29 So. 465 , that: ‘It is not the policy of this state to have elections, and other political matters of government reserved to legisla

1932We have examined the issues and the opinion of *452 the court in this case of Conner v. Gray, and with the highest regard for the learning and ability, of the judge delivering the opinion of the court in that case, w'e are forced to the conclusion that the statements of the court in that case upon the jurisdiction of equity are too general and far-reaching.” The court said further: “A safe rule was announced by Judge Terral in Gibbs v. McIntosh, 78 Miss. 648 , 29 So. 465 , that: ‘It is not the policy of this state to have elections, and other political matters of government reserved to legisla

1917Stat. section 520), to former Constitutions (Allegheny v. Gibson, 90 Pa. 397 [ 35 Am.

1916Judge Cockrell, in his dissenting opinion, well observes that: “Should . . . the people adopt the amendment, the courts would then be open to any one upon a showing that he was injuriously affected thereby, and then, and not until then, in my opinion, 'should the courts interpose their views.” A safe rule was announced by Judge Terral in Gibbs v. McIntosh, 78 Miss. 648 , 29 So. 465 , that: £ ‘ It is not the policy of this state to have elections, and other political matters of government reserved to legislative discretion, interfered with by the judges and officers of the judicial department o

1909Co. v. Tate, 70 Miss. 348 , 12 South. 333 , was invoked in that case for the railroad company but was distinguished by us, and we said in that case.* “To approve the peremptory instruction in this case would be practically to hold that in cases of this character, in which the" employes of railroad companies are often the only eyewitnesses, such witnesses cannot be •contradicted by circumstantial evidence. • It is the province of the jury, as the triors of fact, to ascertain the truth of a case clouded by such conflict in testimony.” The wholesome rule in such cases, and the only safe rule, is

1900Code 1892, §§ 80, 3793; Investment Co. v. Suddoth, 70 Miss., 416 .

1857Nor can it, with propriety, be pretended that this rule in the least conflicts with the decision of this court in the case of Cherry v. Jarratt, 25 Miss.