Barnes v. Board of Supervisors
Mississippi Supreme Court
Appeal from the Chancery Court of Pike County. Hon. E. Gf. Peyton Jr., Chancellor. This action was brought against the supervisors of Pike county by the voters and tax payers thereof to test the validity of an act .of the legislature passed in 1873, and the proceedings under it, for the permanent location of the seat of justice of Pike county.
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Appeal from the Chancery Court of Pike County. Hon. E. Gf. Peyton Jr., Chancellor. This action was brought against the supervisors of Pike county by the voters and tax payers thereof to test the validity of an act .of the legislature passed in 1873, and the proceedings under it, for the permanent location of the seat of justice of Pike county. The bill charges that the act was unconstitutional, and that the pretended board of registrars acted without authority of law, and held an election for the “ removal ” or “ no removal ” of the seat of justice of Pike county. The bill was filed to enjoin…
1Opinion of the CourtSimrall, J.
This litigation was instituted to test the legality of an act of the legislature, passed in 1873, pp. 173, etc., and the proceedings under it, for the permanent location of the seat of justice of Pike county. The act submitted the question of a removal of the county seat to either Summit or Magnolia, to the popular vote. The complainant insists, first, that it is ultra vires of the legislature to refer the question jto .a vote. Their position is, that the legislature ought itself to have designated the place, or have appointed commissioners to make the location, without advancing any reasons…
2Cases cited1 opinion
- Williams v. CammackMississippi Supreme Court · 1854
3Cited by16 opinions
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- Tatum v. WheelessMississippi Supreme Court · 1938
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