Legal Opinion

Portwood v. Board of Supervisors

Mississippi Supreme Court

Decided April 15, 1876PublishedCited by 6 opinions

Error to Circuit Court of Montgomery County. Hon. Orlando Davis, Judge. All the facts necessary to a full understanding of the principles announced are found in the opinion of the court. The errors assigned are : 1. The court erred in sustaining the demurrer of respondents to the alternate writ. 2. The court erred in dismissing relator’s petition and •alternate writ.

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Error to Circuit Court of Montgomery County. Hon. Orlando Davis, Judge. All the facts necessary to a full understanding of the principles announced are found in the opinion of the court. The errors assigned are : 1. The court erred in sustaining the demurrer of respondents to the alternate writ. 2. The court erred in dismissing relator’s petition and •alternate writ. The act in question must be construed together with the act creating the county of Montgomery, for it is a settled rule of construction that all acts in pari materia are to be construed together, and a harmonious interpretation…

1Opinion of the CourtSimkall, C. J.

Portwood, the relator, was teacher of a public school in the year 1871, in that portion of the county of Choctaw which was cut off from it and constituted a part of the county off Montgomery, organized under the act o'f May 13, 1871.

*526The 6th section of this act requires the new county of Montgomery to pay its proportion of the county debt of Choctaw, to be ascertained from the assessed value of the taxable property of Choctaw comity.

• By the subsequent act of March 22, 1872, the treasurer of Choctaw county is directed to pay over to the treasurer of Montgomery county all moneys collected on…

2Cases cited2 opinions

  1. State ex rel. Police Commissioners v. County CourtSupreme Court of Missouri · 1864
  2. Attorney General ex rel. Taylor v. BrownWisconsin Supreme Court · 1853

3Cited by6 opinions

  1. Hinton v. Perry CountyMississippi Supreme Court · 1904
  2. Conner v. GrayMississippi Supreme Court · 1906
  3. State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882
  4. McDonald V. DoustIdaho Supreme Court · 1905
  5. State ex rel. Ellis v. Board of Revenue of Jefferson Co.Supreme Court of Alabama · 1911

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