Madison County v. Stewart
Mississippi Supreme Court
Prom the circuit court of Madison county. The facts of the case are stated in the opinion. The repugnancy of the general law for working public roads, under code 1892, to the special law for Madison county (Laws 1884, p. 318) is conspicuous. The two laws are irreconcilable. The special law was not saved from repeal by § 8 of the code.
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Prom the circuit court of Madison county. The facts of the case are stated in the opinion. The repugnancy of the general law for working public roads, under code 1892, to the special law for Madison county (Laws 1884, p. 318) is conspicuous. The two laws are irreconcilable. The special law was not saved from repeal by § 8 of the code. The chapter of the code on the subject of roads, ferries and bridges went into effect in July,'1892, and § 8 did not go into effect until November 1 afterwards (code 1892, § 12). Section 8, therefore, did not become the law until five months after the repugnancy…
1Opinion of the CourtCooper, C. J.
Stewart brought suit against the county of Madison, to recover the sum of $150 for working the public roads of said county. The case was tried on an agreed state of facts, from which it appears that in December, 1895, the board of supervisors of Madison county, believing that an act of the legislature, approved February 16, 1884 (Acts 1884, p. 318), was then of full force and effect, made a contract with the plaintiff to work certain roads in said county under the provisions of said act. It is agreed that the work was done in accordance with the terms of the contract, and that the sum…
2Cited by5 opinions
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