Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

RANDOLPH C. (DOLPH) TILLOTSON, NATCHEZ NEWSPAPER, INC. AND SUSAN WILLEY v. J. ODELL ANDERS

AUGUST 16, 1989

RANDOLPH C. (DOLPH) TILLOTSON, NATCHEZ NEWSPAPER, INC. AND SUSAN WILLEY
v.
J. ODELL ANDERS



EN BANC

ROBERTSON, JUSTICE, FOR THE COURT:

I.

This is a libel action wherein a former chancery clerk has sued his hometown newspaper and two of its reporters, complaining of articles and editorials about his conduct of his office and demanding actual and punitive damages. The former clerk attempted to disguise his action as one for an accounting and then filed it in the chancery court. The newspaper moved

 to dismiss for lack of subject matter jurisdiction. When the Court below denied the motion, we accepted the newspaper's interlocutory appeal. We reverse.

 II.

 The parties to this appeal are as follows:

 J. Odell Anders is an adult resident citizen of Adams County, Mississippi. He served as Chancery Clerk of Adams County from November of 1974 until January of 1988. Anders was the plaintiff below and is the appellee here.

 Natchez Newspapers, Inc., is a Mississippi corporation and is the publisher of a daily newspaper known as The Natchez Democrat, which at all times relevant has had a general circulation in Adams County, Mississippi, and in surrounding areas.

 Randolph C. (Dolph) Tillotson and Susan Willey were at all relevant times employees of Natchez Newspapers, Inc., serving as reporters for The Natchez Democrat. Natchez Newspapers, Inc., Tillotson and Willey were the defendants below and are the appellants here. They are hereafter collectively referred to as "the Newspaper" .

 Between May 30, 1987, and June 21, 1987, the Newspaper published a series of articles and editorials regarding Anders' conduct of the office of Chancery Clerk. These articles and editorials were critical of Anders for the substantial income his family derived from his service in office, commenting upon the fact that Anders had hired his wife and his two daughters as deputy clerks and had paid them allegedly handsome salaries. The Newspaper was generally critical of the system provided by state law for compensating chancery clerks and their deputies.

 On October 19, 1987, Anders commenced this civil action by filing his complaint in the Chancery Court of Adams County, Mississippi. Anders charged that the articles were false, and maliciously so, and then charged that the proof in this case would be "extremely complex and complicated and present issues of accounting that could only be resolved by the Chancery Court because of the complex nature thereof." Anders demanded a declaratory judgment that all receipts and disbursements of funds discussed in the articles were in strict conformity with law and then demanded of the Newspaper actual damages in the amount of $500,000.00 and punitive damages in the amount of $8,000,000.00, plus attorneys fees and court costs.

 On November 2, 1987, the Newspaper filed a motion to dismiss or, in the alternative, to transfer the case to the Circuit Court of Adams County. The Newspaper charged that Anders' suit was a garden variety libel action which lay outside Chancery Court subject matter jurisdiction. The Newspaper also invoked its right to trial by jury, Miss. Const. Art. 3, 31 (1890), and argued that this right would be denied if the matter remained in the Chancery Court.

 On June 28, 1988, the Chancery Court denied the motion, holding that the action lay within chancery court subject matter jurisdiction because it is one "which requires a complex accounting and several issues upon which a multiplicity of suits could arise." On July 25, 1988, the Court entered its order denying the motion to dismiss or transfer.

 Having found that there are substantial grounds for believing that the Chancery Court erred on the legal question of subject matter jurisdiction and that an interlocutory appeal might materially advance the termination of the litigation and protect the Newspaper from substantial and irreparable loss of its right to trial by jury, we granted the Newspaper's interlocutory appeal. See Rule 5 (a), Miss. Sup. Ct. Rules.; American Electric v. Singarayar, 530 So. 2d 1319, 1321-24 (Miss. 1988).

 III.

 That this is a libel suit ordinarily cognizable as an action at law does not inexorably preclude its being heard in chancery court. Where there appears from the face of the well-pleaded complaint an independent basis for equity jurisdiction, our chancery courts may hear and adjudge law claims. Penrod Drilling Co. v. Bounds, 433 So. 2d 916 (Miss. 1983); Tideway Oil Programs, Inc. v. Serio, 431 So. 2d 454, 464 (Miss. 1983); Burnett v. Bass, 152 Miss. 517, 521, 120 So. 456 (1929). In such circumstances we consider that the legal claims lie within the pendent jurisdiction of the chancery court.

 Anders proclaims independent equity grounds threefold. Foremost, he insists that this is an action for an accounting, noting that our chancery courts have historically enjoyed jurisdiction over suits for accounting. See Dunagin v. First National Bank, 118 Miss. 809, 80 So. 276 (1919); Evans v. Hoye, 101 Miss. 244, 252-53, 57 So. 805, 806 (1912); see also Miss. Const. Art. 6, 159 (f) (1890) (jurisdiction over all cases of which the chancery court had jurisdiction under the laws in force when the Constitution was adopted and put into operation); Miss. Code Ann. 9-5-81 (1972); Griffith, Mississippi Chancery Practice, 24 (2d ed. 1950); Pomeroy, Equity Jurisprudence, 1420

 & 1421 (5th ed. 1941).

 One fallacy in Anders' point is that his complaint does not seek an accounting as between himself and the Newspaper. When the question whether an action lay within chancery court subject matter jurisdiction has been raised, our cases have consistently held

 It is the substance of the action that should be controlling on this issue, not its form or label.

 Thompson v. First Mississippi National Bank, 427 So. 2d 973, 976 (Miss. 1983). In Dixie National Life Insurance Co. v. Allison, 372 So. 2d 1081 (Miss. 1979), we rejected a plaintiff's characterization of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.