Legal Opinion

Board of Supervisors v. State

Mississippi Supreme Court

Decided October 15, 1885PublishedCited by 4 opinions

Appeal from the Circuit Court of Monroe County. Hon. J. W.-Buchanan, Judge. J. L. Finley, as district attorney, filed a petition in the Circuit Court of Monroe County, which set out that by virtue of an act of the legislature approved March 8, 1884, entitled “An Act to amend the road laws as applicable to Monroe County,” it was made the duty of the board of supervisors to furnish the road overseers with such implements as might be necessary to work the roads in said county;…

Read the full summary

Appeal from the Circuit Court of Monroe County. Hon. J. W.-Buchanan, Judge. J. L. Finley, as district attorney, filed a petition in the Circuit Court of Monroe County, which set out that by virtue of an act of the legislature approved March 8, 1884, entitled “An Act to amend the road laws as applicable to Monroe County,” it was made the duty of the board of supervisors to furnish the road overseers with such implements as might be necessary to work the roads in said county; that the overseer of a certain road in the county applied to the board for the necessary implements to work his road,…

1Opinion of the CourtCampbell, J.

“An act to amend the road laws as applicable to Monroe County,” approved March 8, 1884, is free from any constitutional objection, and, if it is as unwise as the board of supervisors of the county is said to have regarded it, that furnished no justification of its refusal to regard and enforce the will of the legislature as expressed in the act. Nor was the fact that there was no money in the county treasury, and no authority for a special levy, and a large amount of outstanding warrants, and a levy by the board to the full extent allowed by law any excuse for failure to execute the law. The…

2Cited by4 opinions

  1. State Ex Rel. Cowan v. State Highway CommissionMississippi Supreme Court · 1943
  2. City of Clarksdale v. HarrisMississippi Supreme Court · 1940
  3. Alex Loeb, Inc. v. Board of TrusteesMississippi Supreme Court · 1935
  4. Thomas v. PriceMississippi Supreme Court · 1934

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API