Quintini v. Board of Mayor
Mississippi Supreme Court
Appeal from the Chancery Court of Hancock County. Hon. Sylvanus Evans, Chancellor. The case is stated in the opinion of the court. Can it be said that the legislature may give to a municipal body the power to prevent the enjoyment of a lot of ground by the owner by putting up a house on it to live in ? What public right is abused or infringed by such use? It is a most unheard-of assumption that the right to put up a dwelling on one’s own ground can be taken away.
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Appeal from the Chancery Court of Hancock County. Hon. Sylvanus Evans, Chancellor. The case is stated in the opinion of the court. Can it be said that the legislature may give to a municipal body the power to prevent the enjoyment of a lot of ground by the owner by putting up a house on it to live in ? What public right is abused or infringed by such use? It is a most unheard-of assumption that the right to put up a dwelling on one’s own ground can be taken away. The use is of all uses the most lawful. It is not a common. It is not a public highway. It does not endanger health, property, or…
1Opinion of the CourtCooper, C. J.
The appellant exhibited her bill in the Chancery Court of Hancock County to enjoin the board of mayor and aldermen of the town of Bay St. Louis from interference, with her in the erection of a residence and market-house on a certain lot in that town of which she is the owner.
She avers the fact to be that on the lot there has existed a market-house for more than forty years, that she bought it for the purpose of keeping a market-house thereon, but finding the building old and decayed she took it down, and at considerable expense *487has prepared it for another larger and better building, and was…
2Cited by24 opinions
- Spann v. City of DallasTexas Supreme Court · 1921
- Spann v. City of DallasTexas Supreme Court · 1921
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1920
- State ex rel. Lachtman v. HoughtonSupreme Court of Minnesota · 1916
- Mayor of Shellman v. SaxonSupreme Court of Georgia · 1910
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