Legal Opinion

City of Biloxi v. Biloxi Real Estate Co.

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 4 opinions

Erom the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. The Biloxi Beal Estate Company and others, appellees, were-complainants in the court below; the city of Biloxi, appellant, ivas defendant there. Erom a decree in complainants’ favor, overruling a motion to dissolve a preliminary injunction, the defendant appealed to the supreme court.

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Erom the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. The Biloxi Beal Estate Company and others, appellees, were-complainants in the court below; the city of Biloxi, appellant, ivas defendant there. Erom a decree in complainants’ favor, overruling a motion to dissolve a preliminary injunction, the defendant appealed to the supreme court. By their suit the complainants, appellees, sought and obtained an injunction restraining the city of Biloxi from collecting a tax levied by the municipal authorities upon property within the city limits. The bill charged that the tax…

1Opinion of the CourtMates, J.

If the injunction in this case is maintainable, it must be on the sole ground that the mayor and board of aldermen had no power, under section 34-22 of the Code of 1906, to increase or diminish the valuation of any property assessed for taxation after October, the time limit fixed by the legislature for such action. We .have examined, very carefully, all the other contentions of counsel for appellees on the questions urged, and it is our judgment that there is no merit in any of them, since the facts alleged, if true, as to all other matters not indicated above, are mere irregularities, and…

2Cases cited8 opinions

  1. Sioux City & Pacific Railroad v. Washington CountyNebraska Supreme Court · 1873
  2. Auditor General v. ChandlerMichigan Supreme Court · 1896
  3. Matador Land & Cattle Co. v. County of CusterMontana Supreme Court · 1903
  4. State v. C. P. R. R. Co.Nevada Supreme Court · 1892
  5. New Jersey Zinc Co. v. Sussex County Board of Equalization of TaxesSupreme Court of New Jersey · 1903

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Tarabino Real Estate Co. v. SandovalSupreme Court of Colorado · 1946
  2. Holly Sugar Corp. v. Board of Com'rs of Mesa CountyDistrict Court, D. Colorado · 1926
  3. Adams v. Lamb-Fish Lumber Co.Mississippi Supreme Court · 1913
  4. Herrick v. Pascagoula Street Railway & Power Co.Mississippi Supreme Court · 1910

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