Hathorn v. Morgan
Mississippi Supreme Court
Appeal from the circuit court of Wilkinson county. Hon. E. E. Brown, Judge. Petition for mandamus by Huey E. Hathorn against W. A. Morgan, as mayor of the town of Woodville. Prom an order sustaining a demurrer to the petition, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Wilkinson county. Hon. E. E. Brown, Judge. Petition for mandamus by Huey E. Hathorn against W. A. Morgan, as mayor of the town of Woodville. Prom an order sustaining a demurrer to the petition, plaintiff appeals. The facts are fully stated in the opinion of the court. Section 80, Code of 1906, g'rants the right of an appeal, without bond, to any person aggrieved by a decision of the municipal authorities of a town to the next term of the circuit court, and such aggrieved person may em: body the facts and decisions in a bill of exceptions, which shall be signed…
1Opinion of the CourtReed, J.
This appeal is from the action of the circuit court in sustaining a demurrer to the petition of appellant, praying for the issuance of the writ of mandamus commanding appellee, the mayor of the town of Woodville, and president of the board of aldermen thereof, to sign and approve a bill of exceptions.
The petition shows that at a regular meeting of the mayor and board of aldermen of Woodville at the June term, 1912, an 'order was passed releasing certain territory from the separate school district of Woodville; that appellant, feeling aggrived at the decision of the board, prepared a bill of…
2Cases cited2 opinions
- McGee v. BeallMississippi Supreme Court · 1886
- McGee v. JonesMississippi Supreme Court · 1886
3Cited by4 opinions
- Cloverleaf Mall, Ltd. v. ConerlyMississippi Supreme Court · 1980
- Reed, Mayor, Etc. v. AdamsMississippi Supreme Court · 1959
- Bowling v. Madison County Bd. of Sup'rsCourt of Appeals of Mississippi · 1998
- Pemberton Properties, Ltd. v. Mayor & Board of Aldermen of PearlMississippi Supreme Court · 2017