City of New Albany v. Benya

I dissent with reluctance. Appellee is justly entitled to the relief granted. The ordinance is void.

Able counsel for appellee was probably justified under Crittenden v. Town of Booneville, 92 Miss. 277, 45 So. 723, in arriving at the conclusion that prohibition was the proper writ to accomplish his purpose. But I think Fanning v. Town of Hickory, 201 Miss. 620, 30 So. 2d 65, should be followed. It is a later case and is consistent with the authorities; nor do I think it can be reconciled with the Crittenden case. I think now is a good time to remove the confusion left by some of our older…