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eBook details

• Title: Mayfield v. Hairbender
• Author : In the Supreme Court of Mississippi
• Release Date : January 02, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Cities and Towns — Suspension of Fireman — Receiving Stolen Property — Certiorari to District Court — Insufficiency of Evidence — Appeal — Estoppel — Moot Questions — "Substantial Evidence" — Definition. Cities and Towns — Suspension of Member of City Fire Department — Appeal — When Question not Moot. 1. Appeal from a judgment of the district court setting aside an order suspending a member of a city fire department for the period of one year without pay for unbecoming conduct in receiving stolen property may not be dismissed on the theory that after rendition of the judgment the mayor preferred a second charge of larceny against the officer resulting in his suspension for two years, and that thereby the question presented by the appeal had become moot, since the appeal involved the right of the officer to receive his salary for the period during which he was suspended and the liability of the city therefor. Same — Appeal — Estoppel by Prosecuting Second Action After Unfavorable Judgment on First — Facts Under Which Estoppel Does not Lie. 2. The rule that where a party who, after judgment against him, prosecutes an inconsistent action on the same cause, estops himself from appealing from the first judgment, held not to apply to a state of facts as recited in paragraph 1, above, since the second charge brought by the mayor against the fireman involving larceny was not necessarily inconsistent with that of receiving stolen goods. Appeal — Presumption of Correctness of Judgment — Burden of Showing Error on Appellant. 3. On appeal from a judgment it is presumed to be correct, the burden of showing reversible error resting upon the party challenging its correctness. Cities and Towns — Suspension of Fireman — Function of District Court on Application for Writ of Certiorari. 4. The province of the district court on application for writ of certiorari to review the action of the mayor and city council in suspending a fireman is to ascertain whether the charges against the accused were or were not supported by the evidence, not to determine its preponderance. Appeal — What Constitutes "Substantial Evidence" Sufficient to Uphold Judgment of District Court. 5. "Substantial evidence" within the meaning of the rule that where the supreme court on appeal is called upon to determine whether the holding of the district court that the evidence against Page 227 a fireman was insufficient to sustain his suspension from duty, is such as will convince reasonable men, and where all reasonable men must conclude that the evidence does not establish the charge, it is not substantial evidence. Cities and Towns — Suspension of Fireman — Insufficiency of Evidence to Uphold Action of Mayor and Council. 6. Evidence adduced against a city fireman under a charge that he had received a pair of automobile wheels from a junk dealer which had been stolen, without inquiring where they came from or as to their ownership, examined and held unsupported by substantial evidence as found by the district court on writ of certiorari.

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