Legal Opinion

Kemp v. Town of Hazlehurst

Mississippi Supreme Court

Decided March 15, 1902PublishedCited by 10 opinions

From the chancery court of Copiah county. Hon. Henry C. Conn, Chancellor. Kemp and others, appellants, were complainants, and the town of Hazlehurst was defendant in the court below. The town was about to issue municipal bonds when the complainants, citizens and taxpayers of the municipality, sought to enjoin their issuance. They filed a bill in the chancery court seeking an injunction to prevent the sale of the bonds.

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From the chancery court of Copiah county. Hon. Henry C. Conn, Chancellor. Kemp and others, appellants, were complainants, and the town of Hazlehurst was defendant in the court below. The town was about to issue municipal bonds when the complainants, citizens and taxpayers of the municipality, sought to enjoin their issuance. They filed a bill in the chancery court seeking an injunction to prevent the sale of the bonds. A complete transcript of all of the proceedings of the municipal authorities of the town was made an exhibit to the bill — exhibit A — and the objections thereto were claimed…

1Opinion of the Court

Whitfield, O. J.,

delivered the opinion of the court.

'None of the objections to the validity of the bonds are well taken. They are perfectly valid. The proceedings of the mayor and board of aldermen show the utmost care, and are characterized by the most scrupulous observance of the law. The only thing we deem it worth while to say is that whenever the proposed bonds “exceed in amount seven per centum of the assessed value of the taxable property of the municipality” there must be an election. That was expressly decided in Town of Clarksdale v. Broaddus, 77 Miss., at page 672 (28 So., 955),…

2Cited by10 opinions

  1. State ex rel. School District v. GordonSupreme Court of Missouri · 1909
  2. Board of Ed. of Oklahoma City v. WoodworthSupreme Court of Oklahoma · 1923
  3. Briggs v. City of RaleighSupreme Court of North Carolina · 1914
  4. State ex rel. Pike County v. GordonSupreme Court of Missouri · 1916
  5. Blaine v. HamiltonWashington Supreme Court · 1911

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