Clayton v. Heidelberg
Mississippi Supreme Court
In error from the circuit court of Jasper county. Samuel C. Heidelberg, James Donald, Archibald McCullum, C. S. N. Newell, John Cooper, Samuel Thomas, and William Hartfield, citizens of Jasper county, filed their petition to the May term, 1844, of the circuit court of that county, before the Hon. Henry Mounger, judge ; in which they allege, — That the board of police of that county, on the 26th July, 1843, levied a tax on the citizens of the county, of whom the relators were…
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In error from the circuit court of Jasper county. Samuel C. Heidelberg, James Donald, Archibald McCullum, C. S. N. Newell, John Cooper, Samuel Thomas, and William Hartfield, citizens of Jasper county, filed their petition to the May term, 1844, of the circuit court of that county, before the Hon. Henry Mounger, judge ; in which they allege, — That the board of police of that county, on the 26th July, 1843, levied a tax on the citizens of the county, of whom the relators were seven, in these words: “ Ordered by the court, that a special tax, for the purpose of paying for the court-house of…
1Opinion of the CourtJustice Clayton
This is a prohibition issued by, the circuit court of Jasper county, against its board of police and sheriff. The objecUin view is to prevent the levy and collection of a special tax in that county, for the payment of a contract for the building of a courthouse.
The law in regard to the writ of prohibition is very plain. Its purpose is to restrain and prevent a court of peculiar, limited or inferior jurisdiction, from taking judicial cognizance ot cases not within its jurisdiction. It is founded upon a suggestion that the cause originally, or some collateral matter arising therein, does not…
2Cases cited1 opinion
- Walker v. McKayCourt of Appeals of Kentucky · 1859
3Cited by4 opinions
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- Sherlock v. MayorSupreme Court of Florida · 1879
- People ex rel. Wheeler v. CooperNew York Supreme Court · 1879
- Blount v. KerleyMississippi Supreme Court · 1938