Lauderdale County v. Kittel
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Eastern Division of the Southern District of Mississippi; Henry C. Niles, Judge. Action by J. O. Kittel, trading as the Tennessee Stable & Transportation Company, and others, against the County of Lauderdale. Judgment for plaintiffs, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Southern District of Mississippi; Henry C. Niles, Judge. Action by J. O. Kittel, trading as the Tennessee Stable & Transportation Company, and others, against the County of Lauderdale. Judgment for plaintiffs, and defendant brings error. This is a writ of error from a judgment in favor of the plaintiff in the court below, Kittel, who is the defendant in error in this court, and against the defendant in that court, the county of Lauderdale, which is the plaintiff in- error in this court. The action was for the…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above).
[1] The question which presents itself on the threshold is the liability of the defendant to be sued on the contract of the road commissioners of district No. 1. The first and fifty-sixth assignments of error present the question. The contention of the plaintiff in error, in that respect, is that the act of the Legislature of Mississippi, authorizing the creation of road districts in the various counties of the state, and authorizing the commissioners of such districts, when created, to contract for the building of roads in such districts, should be…
2Cases cited4 opinions
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- Davenport v. County of DodgeSupreme Court of the United States · 1882
- Prather v. GoogeMississippi Supreme Court · 1914
- Meath v. Phillips CountySupreme Court of the United States · 1883
3Cited by3 opinions
- Greater New York Live Poultry Chamber of Commerce v. United StatesCourt of Appeals for the Second Circuit · 1931
- Gantz v. United StatesCourt of Appeals for the Eighth Circuit · 1942
- State ex rel. Gillespie v. RodesSupreme Court of Florida · 1934