Legal Opinion

Adams v. Fragiacomo

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 11 opinions

From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The facts are stated in the opinion. 1. Chapter 116, code 1892, entitled “ Revenue,” is part of an entire code, adopted and approved by a single act, and must be construed with § 4, which saves all existing rights of action.

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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The facts are stated in the opinion. 1. Chapter 116, code 1892, entitled “ Revenue,” is part of an entire code, adopted and approved by a single act, and must be construed with § 4, which saves all existing rights of action. By a mere inadvertence, when the revenue chapter was put into effect, April 2, 1892, there was a suspension of rights of action under repealed statutes until §4, with its saving clause, went into effect. Accordingly, after November 1, 1892, such actions became maintainable, just as…

1Opinion of the CourtCooper, J.

In the year 1891, the appellee carried on the business of a retailer of vinous and spirituous liquors without having obtained a license, and, for so doing, became and was, under the provisions of section 2 of the act of February 24, 1890 (Laws, p. 11), civilly liable to the state for the highest amount he should have paid for such privilege, which was the sum of fifteen hundred dollars. On the second day of June, 1893, the appellant, as revenue agent of the state, brought this suit to recover said sum. The defendant demurred to the declaration as stating no cause of action, which demurrer was…

2Cases cited1 opinion

  1. State v. Benevolent & Protective OrderMississippi Supreme Court · 1892

3Cited by11 opinions

  1. State Ex Rel. Carmichael v. JonesSupreme Court of Alabama · 1949
  2. Jones v. BurnsMontana Supreme Court · 1960
  3. Pickering v. Langston Law Firm, P.A.Mississippi Supreme Court · 2012
  4. Bradstreet Co. v. City of JacksonMississippi Supreme Court · 1902
  5. State v. RoellMississippi Supreme Court · 1942

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