Legal Opinion

Huston v. Mayo

Mississippi Supreme Court

Decided March 15, 1919No. 2807PublishedCited by 8 opinions

Appeal from the chancery court of Neshoba county. HoN. A. Y. Woodward, Chancellor. Bill for injunction by Henry A. Huston against. A. J. Mayo and others, Commissioners of Luneluah Drainage District. From an order dismissing the hill, complainants. appeal. The facts are fully stated in the opinion of the court. We submit that the court manifestly erred in dis-solving the injunction in this cause and dismissing the hill.

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Appeal from the chancery court of Neshoba county. HoN. A. Y. Woodward, Chancellor. Bill for injunction by Henry A. Huston against. A. J. Mayo and others, Commissioners of Luneluah Drainage District. From an order dismissing the hill, complainants. appeal. The facts are fully stated in the opinion of the court. We submit that the court manifestly erred in dis-solving the injunction in this cause and dismissing the hill. The court will understand that this suit is predicated upon chapter 209, Acts of 1918, and the decision of this court construing the said act in the case of Madison county, et…

1Opinion of the CourtSmith, C. J.

The Luneluah drainage district was created under the provisions of chapter 269,. Laws of 1914 (section 4434 *533et seq. of 2 Hemingway’s Code), and the commissioners thereof were proceeding to issue and-sell its negotiable bonds under the provisions of section 15, chapter 269, Laws of 1914 (2 Hemingway’s Code, section 4459) in order to obtain money with which to defray the expenses necessary to he incurred in providing the. drainage for the district, when the appellant exhibited his bill against them in the court below praying that they he enjoined from so doing “without first submitting the…

2Cases cited8 opinions

  1. Town of Macon v. PattyMississippi Supreme Court · 1879
  2. Cox v. WallaceMississippi Supreme Court · 1911
  3. Jones v. Belzoni Drainage DistrictMississippi Supreme Court · 1912
  4. Edwards House Co. v. City of JacksonMississippi Supreme Court · 1907
  5. Vasser v. GeorgeMississippi Supreme Court · 1873

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3Cited by8 opinions

  1. Mayor of Ocean Springs v. HOMEBLDRS. ASS'NMississippi Supreme Court · 2006
  2. Lepre v. D'Iberville Water and Sewer Dist.Mississippi Supreme Court · 1979
  3. Willis Creek Drainage District v. Yazoo CountyMississippi Supreme Court · 1950
  4. Bank of Commerce & Trust Co. v. Union Central Life Ins.Court of Appeals for the Fifth Circuit · 1938
  5. City of Ocean Springs, Mississippi v. Homebuilders Association of Mississippi, Inc.Mississippi Supreme Court · 2004

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