Board of Supervisors v. Arrighi
Mississippi Supreme Court
Error to the Circuit Court of Jefferson County. Hon. James M. Smiley, Judge. 1. Both the original contract with Murphy and the contract for extra work were void, because in violation of the act of Feb. 13, 1871 (Acts 1871, p. 101). The mere allowance of the claim and issuance of the warrant did not estop the plaintiff in error from making that defence.
Read the full summary
Error to the Circuit Court of Jefferson County. Hon. James M. Smiley, Judge. 1. Both the original contract with Murphy and the contract for extra work were void, because in violation of the act of Feb. 13, 1871 (Acts 1871, p. 101). The mere allowance of the claim and issuance of the warrant did not estop the plaintiff in error from making that defence. Nash v. St. Paul, 8 Minn. 181; s. c. 11 Minn. 174; People v. Flagg, 17 N. Y. 589; Brady v. New York, 20 N. Y. 312; Hague v. Philadelphia, 48 Penn. St. 528. 2. This warrant, having been issued in violation of plain statute law, may be impeached…
1Opinion of the CourtChalmers, J.
The appellee presented his petition, praying the issuance of a writ of mandamus to compel the levy, by the board of supervisors of Jefferson County, of a tax sufficient to pay a county warrant held by him. He gives in his petition a history of the warrant and of the consideration upon which it was based; from which it appears that it had been issued to one Patrick Murphy, in part payment of work done under a contract to repair certain bridges in the county. This contract had been entered into between Murphy, and three commission*671ers appointed by the board of supervisors for that purpose in…
2Cases cited5 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- People Ex Rel. Smith v. FlaggNew York Court of Appeals · 1858
- Board of Supervisors v. KleinMississippi Supreme Court · 1876
- Nash v. City of Saint PaulSupreme Court of Minnesota · 1863
- Nash v. City of St. PaulSupreme Court of Minnesota · 1866
3Cited by23 opinions
- Paxton v. BaumMississippi Supreme Court · 1882
- Beck v. AllenMississippi Supreme Court · 1880
- COLEMAN, ATTY. GEN. v. ShippMississippi Supreme Court · 1955
- Cloud v. Town of SumasWashington Supreme Court · 1894
- Monroe County v. StrongMississippi Supreme Court · 1900
18 more not listed; retrieve them via the Exa API.