State Board of Education v. City of Aberdeen
Mississippi Supreme Court
Error to the Circuit Court of Monroe County. Hon. J. A. Green, Judge. The case is stated in the opinion of the court. 1. The State Board of Education had power to sue for the license-taxes collected and paid into the city treasury.
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Error to the Circuit Court of Monroe County. Hon. J. A. Green, Judge. The case is stated in the opinion of the court. 1. The State Board of Education had power to sue for the license-taxes collected and paid into the city treasury. Code 1871, sects. 1996-1998. See sects. 161, 2462-2472. See sect. 1342. 2. The charter of 1837, which, it is contended, was decided, in Saunderson v. Aberdeen, 8 Smed. & M. 663, and Aberdeen v. Mayor, etc., 13 Smed. & M. 646, to confer on the city a vested right to the license-taxes, was repealed by the charter of 1856 ; subsequent to which the city did not have a…
1Opinion of the CourtSimrall, C. J.
The city of Aberdeen claims the money received for licenses to retail liquor within the corporate limits, by virtue of its charter, which was granted prior to the adoption of the Constitution of 1869.
On the other hand, the State Board'of Education insists that that provision of the charter relied upon, if of the character claimed for it, has been repealed by the eighth article of the Constitution, and chap. 56 of the Code, which regulates the retailing of vinous and spirituous liquors.
The first section of the eighth article of the Constitution affirms that the stability of a republican form…
2Cases cited11 opinions
- People v. MorrisNew York Supreme Court · 1835
- Stilz v. City of IndianapolisIndiana Supreme Court · 1877
- Paul v. City of KenoshaWisconsin Supreme Court · 1867
- People ex rel. City of Springfield v. PowerIllinois Supreme Court · 1860
- Mobile & Ohio Railroad v. WeinerMississippi Supreme Court · 1874
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3Cited by8 opinions
- City of Trenton v. New JerseySupreme Court of the United States · 1923
- State ex rel. Bell v. CummingsTennessee Supreme Court · 1914
- Monaghan v. ArmatageSupreme Court of Minnesota · 1944
- Finerty, Auditor v. State Ex Rel. School City of GaryIndiana Supreme Court · 1938
- State v. Board of Levee Commissioners for the Yazoo-Mississippi DeltaMississippi Supreme Court · 2006
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