Town of Sumner v. Henderson
Mississippi Supreme Court
Appeal from the chancery court of Tallahatchie county. Hon. C. L. Lomax, Special Chancellor. Bill by the town of Sumner and others against E. A. Henderson and others. From a decree sustaining a demurrer to the bill, complainant appeals. The faicts are fully stated in the opinion of the court. The demurrer in this case specifies as to‘its .grounds; First, that there is no equity in the bill.
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Appeal from the chancery court of Tallahatchie county. Hon. C. L. Lomax, Special Chancellor. Bill by the town of Sumner and others against E. A. Henderson and others. From a decree sustaining a demurrer to the bill, complainant appeals. The faicts are fully stated in the opinion of the court. The demurrer in this case specifies as to‘its .grounds; First, that there is no equity in the bill. Surely a municipality has an equitable right by injunction to restrain persons from acting in any manner which is calculated to and which will inevitably bring confusion in the municipal affairs and to…
1Opinion of the CourtSykes, J.
The appellees, complainants in this case, filed a bill in the chancery court of the second district of Tallahatchie county against the defendants, ashing that the defendants be enjoined from acting as aldermen and members of the board of school trustees. Without stating in detail the allegations of the bill, it is clear that the town of Sumner has two rival sets of claimants for the offices of alderman and members of the board of school trustees. The bill in this case, though claiming that the town of Sumner is a complainant, on its face shows that the mayor and two persons who claim to be…
2Cases cited1 opinion
- Adams v. Mississippi State BankMississippi Supreme Court · 1898
3Cited by5 opinions
- Moore v. SandersMississippi Supreme Court · 1990
- Barnes v. McLeodMississippi Supreme Court · 1932
- Brumfield v. BrockMississippi Supreme Court · 1932
- Yates v. SummersMississippi Supreme Court · 1936
- Lacey v. NoblinMississippi Supreme Court · 1960