State ex rel. Patterson v. Warren

BRADY, Justice.

The executors of the estate of Hillary W. Carter, deceased, have filed a suggestion of error, which we overrule. State ex rel. Patterson v. Warren, 180 So.2d 293 (Miss.1965). Paine v. Matthews, 213 Miss. 506, 57 So.2d 148 (1952), cited in our original opinion, does not affect the conclusion that Mississippi Code Annotated section 2944 (1956), upon which this suit is based, is not a penal statute. Paine simply held that the mayor and councilmen made no appropriation, but attempted to ratify unlawful expenditures already made by employees, and an illegal contract, being void, was…