Abby v. Billups
Mississippi Supreme Court
ERROR to tbe Circuit Court of Lowndes county. Hon. William L. Harris, judge. Tbe point upon which this cause was decided against the plaintiff, in the court below, was the supposed want of power, in the board of trustees, to make the contract set forth in the complaint.
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ERROR to tbe Circuit Court of Lowndes county. Hon. William L. Harris, judge. Tbe point upon which this cause was decided against the plaintiff, in the court below, was the supposed want of power, in the board of trustees, to make the contract set forth in the complaint. On pages 375-6, Pamphlet Acts, 1852, will be found the act, incorporating this company: by which, among other things, the board of trustees are “ empowered to acquire property, by gift, purchase or otherwise, not to exceed, at one time, the sum of $50,000, and to hold and convey the same in their corporate name; and also to…
1Opinion of the CourtSmith, C. J.
This suit was brought in the Circuit Court of Lowndes, by Harriet Abby against Thomas C. Billups et al., who are described as the Board of Trustees of the Collegiate High School of the Independent Order of Fellows, in the city of Columbus, and alleged to be a corporation by the law of this State.
The complaint alleged, that as such board of trustees, the defendants, on or about the 1st of October, 1855, in the county of Lown-des, rented from the plaintiff the house, lot, and premises of which the plaintiff was then and there the owner; which said lot and premises were situated in the town of…
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