Bay St. Louis v. Hancock County
Mississippi Supreme Court
From the circuit court of Hancock county. Hon. Jambs A. Neville, Judge. Hancock county, appellee, was plaintiff in the court below; the City of Bay St. Louis, appellant, was defendant there. The case was an action, under code of 1892, §§ 2547, 2548, by Hancock county, claiming to be the landlord of the city of Bay St. Louis, to remove the city as its tenant from a room in the courthouse of the county.
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From the circuit court of Hancock county. Hon. Jambs A. Neville, Judge. Hancock county, appellee, was plaintiff in the court below; the City of Bay St. Louis, appellant, was defendant there. The case was an action, under code of 1892, §§ 2547, 2548, by Hancock county, claiming to be the landlord of the city of Bay St. Louis, to remove the city as its tenant from a room in the courthouse of the county. The proceeding was instituted before a justice of the peace and was predicated of an affidavit, as required by statute. The affidavit averred the county’s ownership of the property, that the…
1Opinion of the CourtCalhoon, J.
Antecedently to the constitution, of 1890, the law was that the statutes of limitation ran against counties and municipal corporations; but even then this was true only as to property not used or held for public or governmental purposes, such as courthouses, jails, streets, etc. The contract of the *372county in this case, made in 1874, with the municipality, that the latter should contribute to build a courthouse for the county, and thereby become owner of a room in it for city purposes, was ultra vires of the board of supervisors, and void. The pursuant occupation of the room by the city, and…
2Cited by14 opinions
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- Secretary of State v. WiesenbergMississippi Supreme Court · 1994
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