Vicksburg & Meridian Railroad v. Lowry
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. By the Act of Admission of March 1,1817 (Code 1857, p. 22, § 5), the United States donated to the State to be formed five per cent, of the net proceeds of land lying within its territory, which should be sold after December 1, 1817, to be reserved for making public roads and canals.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. By the Act of Admission of March 1,1817 (Code 1857, p. 22, § 5), the United States donated to the State to be formed five per cent, of the net proceeds of land lying within its territory, which should be sold after December 1, 1817, to be reserved for making public roads and canals. Three-fifths of the sum were to be applied to these objects within the State by the legislature, and two-fifths to the making of a road leading to the State under the direction of Congress. By the sixteenth section of the Act of Congress of…
1Opinion of the CourtCampbell, C. J.
The money alleged to be in the State treasury, and sought to be obtained by this proceeding, was required to be placed there subject to the requisition of the governor in carrying into effect the act applying the two per cent, fund, and can be drawn under said act only on the requisition of the governor. The court cannot dirfeot the treasurer to pay without the requisition of the governor. The petition avers that the governor has refused to make such requisition, and it makes the governor and treasurer parties defendant and prays mandamus to the treasurer to compel him to pay the money. There…
2Cases cited12 opinions
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- Houston Tap & Brazoria Railway Co. v. RandolphTexas Supreme Court · 1859
- People ex rel. Billings v. BissellIllinois Supreme Court · 1857
- State ex rel. Low v. TownsSupreme Court of Georgia · 1850
- Hawkins v. GovernorSupreme Court of Arkansas · 1839
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3Cited by21 opinions
- State ex rel. Greaves v. HenryMississippi Supreme Court · 1905
- State ex rel. Cranmer v. ThorsonSouth Dakota Supreme Court · 1896
- Martin v. InghamSupreme Court of Kansas · 1888
- State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910
- Barbour v. StateMississippi Supreme Court · 2008
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