Legal Opinion

Ormand v. White

Mississippi Supreme Court

Decided November 15, 1904PublishedCited by 4 opinions

From the circuit court of Scott county. Hon. John R. Enochs, Judge. White and others, the appellees, instituted proceedings for the establishment of a stock-law district,under Code 1892, § § 2055— 2059; Ormand, the appellant, opposed and defeated the proceeding before the board of supervisors.

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From the circuit court of Scott county. Hon. John R. Enochs, Judge. White and others, the appellees, instituted proceedings for the establishment of a stock-law district,under Code 1892, § § 2055— 2059; Ormand, the appellant, opposed and defeated the proceeding before the board of supervisors. The present appellees, White and others, appealed the controversy to the circuit court, and there succeeded in having the order of the board of supervisors denying their petition reversed. From this judgment of the circuit court Ormand appealed to the supreme court, contending that the statute, Code…

1Opinion of the CourtWhitfield, C. J.

It is far too late now to question in Mississippi the constitutionality of the statutes like the. one here assailed. That the act is constitutional is thoroughly settled by the cases of Schulherr v. Bordeaux, 64 Miss., 59 (8 South. Rep., 201), and Alcorn v. Hamer, 38 Miss., 652, with the authorities cited in these two cases and in the briefs of counsel in the two cases. The case *277so strongly relied on by counsel for appellant, Lammert v. Lidwell, 62 Mo., 188 (21 Am. St. Rep., 411), was also relied on in tbo case of Schullherr v. Bordeaux, above cited.

Affirmed.

2Cases cited3 opinions

  1. Alcorn v. HamerMississippi Supreme Court · 1860
  2. Schulherr v. BordeauxMississippi Supreme Court · 1886
  3. Lammert v. LidwellSupreme Court of Missouri · 1876

3Cited by4 opinions

  1. Ex parte FritzMississippi Supreme Court · 1905
  2. Carter v. Harrison County Election CommissionMississippi Supreme Court · 1966
  3. Gully v. Wilmut Gas & Oil Co.Mississippi Supreme Court · 1936
  4. Moss v. Mississippi Live Stock Sanitary BoardMississippi Supreme Court · 1929

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