Adams v. Dendy
Mississippi Supreme Court
From the circuit court of Madison county. Hon. Kobert Powell, Judge. Adams, state revenue agent,' appellant, was plaintiff in the court below; Dendy, appellee, was defendant there. From a judgment sustaining a demurrer to the declaration and dismissing the suit plaintiff appealed to the supreme court. The opinion states the facts. First. Was section 8 of chapter 250 of the laws of 1890 repealed by the enactment of the code of 1892, or was it not ? Second.
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From the circuit court of Madison county. Hon. Kobert Powell, Judge. Adams, state revenue agent,' appellant, was plaintiff in the court below; Dendy, appellee, was defendant there. From a judgment sustaining a demurrer to the declaration and dismissing the suit plaintiff appealed to the supreme court. The opinion states the facts. First. Was section 8 of chapter 250 of the laws of 1890 repealed by the enactment of the code of 1892, or was it not ? Second. If the said section was not so repealed, is it not unconstitutional ? We affirm that the section was repealed by the code of 1892. We are…
1Opinion of the CourtCalhoon, J.
Mr. Dendy has been for years a member of the board of supervisors of Madison county. The revenue agent sued him, and the sureties on his official bond, to recover money collected by him as salary, under section 8 of chapter 250, acts 1890, p. 386, approved January 31, 1890. .A demurrer to the declaration was sustained, and the revenue agent appeals. That sec-lion of that act distinctly authorizes the salary as to the particular county of Madison, and, if valid as a local measure, settles this controversy in favor of Mr. Dendy. It was held valid by us in Madison County v. Collier, 79 Miss.,…
2Cases cited4 opinions
- Rodgers v. United StatesSupreme Court of the United States · 1902
- Madison County v. CollierMississippi Supreme Court · 1905
- Madison County v. StewartMississippi Supreme Court · 1896
- Madison County v. CollierMississippi Supreme Court · 1901