Humphreys County v. Campbell
Mississippi Supreme Court
Appeal from chancery court of Humphreys county. Hon. E. N. Thomas, Chancellor. Bill by Humphreys County against W. E. Campbell. From a decree sustaining a demurrer to and dismissing the bill, plaintiff appeals. As held in Learned v. Matthews, 40 Miss. 210, the principle is of general application that at law every naked power must be strictly pursued and all prescribed formalities duly observed.
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Appeal from chancery court of Humphreys county. Hon. E. N. Thomas, Chancellor. Bill by Humphreys County against W. E. Campbell. From a decree sustaining a demurrer to and dismissing the bill, plaintiff appeals. As held in Learned v. Matthews, 40 Miss. 210, the principle is of general application that at law every naked power must be strictly pursued and all prescribed formalities duly observed. As was held in Bartlett v. Sutherland, 24 Miss. 403: “We take the rule to be clear and indisputable, that wherever a power to act is conferred upon two or more, and it is dependent upon their judgment…
1Opinion of the CourtSmith, C. J.
This is an appeal from a decree sustaining the demurrer to and dismissing an original bill. The bill prays for the cancellation of a lease to the appellee of section’16, township 14, range 3 west, which when the lease was made was a part of Yazoo county, but is now a part of Humphreys county. The lease was executed by the county superintendent of Yazoo county pursuant to the following order made by the board of supervisors of that county:
In the Matter of Leasing Section 16, Township 14, Range 3 West, Yazoo County, Mississippi.
*752The following certificate of tbe trustees of the above township is…
2Cases cited1 opinion
- Williams v. WilliamsMississippi Supreme Court · 1918
3Cited by1 opinion
- Campbell v. Humphreys CountyMississippi Supreme Court · 1923