Legal Opinion · Dissent

Swayne v. City of Hattiesburg

Mississippi Supreme Court

Decided March 7, 1927No. 26206Published

1DissentEthridge, J.

I dissent from both the construction of the statute by the majority opinion and the constitutionality of the stat ute with this construction placed upon it. I do not know whether I can strengthen the dissenting opinion in Stingily v. City of Jackson, 140 Miss. 57, 104 So. 465 et seq., hut the question is so important that I feel called upon to make some .additional observations upon these propositions :

In the .first place, I think the statute -authorizing the improvement to be made against the abutting property was intended solely to be applied where the abutting property was equally…

2Cases cited39 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Gouled v. United StatesSupreme Court of the United States · 1921
  3. Bauman v. RossSupreme Court of the United States · 1897
  4. Norwood v. BakerSupreme Court of the United States · 1898
  5. County of Mobile v. KimballSupreme Court of the United States · 1881

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