Williamson v. Wilcox
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. V. R. Wilcox was in Hazlehurst establishing an agency for the sale of sewing-machines. The marshal of the town, under instructions from the mayor, demanded that he pay a privilege tax. He refused to pay it, and was told by the marshal to go up to the mayor’s office and see him about it. He did go, and the mayor insisted that Wilcox was liable under a town ordinance and must pay the tax.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. V. R. Wilcox was in Hazlehurst establishing an agency for the sale of sewing-machines. The marshal of the town, under instructions from the mayor, demanded that he pay a privilege tax. He refused to pay it, and was told by the marshal to go up to the mayor’s office and see him about it. He did go, and the mayor insisted that Wilcox was liable under a town ordinance and must pay the tax. Wilcox still refused, and said to Williamson, the mayor, that he wanted the matter settled at once. The mayor replied that the marshal…
1Opinion of the CourtArnold, J.
Thére is testimony to the effect that after he had voluntarily appeared before appellant, as mayor of the town of Hazlehurst, appellee insisted or consented that the question of his violating the ordinances of the town should be at once disposed of, and that for this purpose he waived affidavit being made and warrant being issued. The legal effect of this evidence, if credited by the jury, should have been submitted to them on proper instructions from the court, as appellant sought to do. If this testimony was true, it established a complete defense to the action. For a purely private injury…
2Cases cited2 opinions
- Illinois Central Railroad v. AllenIllinois Supreme Court · 1866
- Pillow v. BushnellNew York Supreme Court · 1849
3Cited by3 opinions
- Robert L. Pierson v. J. L. RayCourt of Appeals for the Fifth Circuit · 1965
- State Ex Rel. Powell v. MooreMississippi Supreme Court · 1965
- Erie R. v. ReigherdCourt of Appeals for the Sixth Circuit · 1909