Village of Gandsi v. Town of Seminary
Mississippi Supreme Court
From the circuit court of Covington county. Hon. Robert L. Bullard, Judge. Proceedings were begun, under the statutes, Code 1906, §§ 3301, 3312, as amended Laws 1908, chs. 186, 187, p. 196,. by the town of Seminary to enlarge its boundaries so as to embrace the village of Gandsi, the northern boundary of the one-municipality being the southern boundary of the other. The-village and some of its freeholders appealed from the ordinance-of the town to the circuit court.
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From the circuit court of Covington county. Hon. Robert L. Bullard, Judge. Proceedings were begun, under the statutes, Code 1906, §§ 3301, 3312, as amended Laws 1908, chs. 186, 187, p. 196,. by the town of Seminary to enlarge its boundaries so as to embrace the village of Gandsi, the northern boundary of the one-municipality being the southern boundary of the other. The-village and some of its freeholders appealed from the ordinance-of the town to the circuit court. An issute of law was there presented as to whether the town could extend its limits so as to-embrace the incorporated village.…
1Opinion of the CourtWhitfield, C. J.
The Legislature undoubtedly intended, by § 3321 of the Oode of 1906, as amended in 1908 (Laws 1908, p. 196, c. 187), to give to an existing municipality with five hundred inhabitants, whose boundary line was within one mile of another municipality, the right to absorb such other municipality; but it is just as manifest from an inspection of section 3312 that no grant of power to do that is anywhere contained in that section. There is nothing in the section but an incidental reference to *317such absorption. It merely provides a time when, if the absorption occurs, the other municipality absorbed…
2Cited by4 opinions
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