Legal Opinion

Burke v. Leggett

Mississippi Supreme Court

Decided October 15, 1918PublishedCited by 5 opinions

Appeal from the chancery court of Wayne county. Hon. Will Denny, Jr., Chancellor. Suit by T. H. Leggett and another against R. S. Burke, as Sheriff and Tax Collector, to enjoin the collection of a special tax. From a judgment for plaintiffs, defendants appeal. The facts are fully stated in the opinion of the court.

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Appeal from the chancery court of Wayne county. Hon. Will Denny, Jr., Chancellor. Suit by T. H. Leggett and another against R. S. Burke, as Sheriff and Tax Collector, to enjoin the collection of a special tax. From a judgment for plaintiffs, defendants appeal. The facts are fully stated in the opinion of the court. On motion to dissolve the injunction, the court below held that the levy made by the board at the December, 1916, meeting for courthouse special was void, because the minutes of the board failed to show what purpose the levy was made, whether for repairs, jail, or what. The court…

1Opinion of the CourtHolden, J.

•The board of supervisors of Wayne county, at its November, 1916, meeting, made a tax levy of.ten mills as “General County Tax,” and, it appearing to the board that this was a clerical error or mistake made in recording the levy in the minutes of the meeting, corrected the error by changing or amending this tax levy at its following December meeting so that the said ten-mill levy appeared as “General County Tax Levy” seven and one-fourth mills, and “Courthouse Special” two and three-fourths mills. The appellant tax collector was enjoined by appellee taxpayers from the collection of the two…

2Cases cited2 opinions

  1. Coulson v. HarrisMississippi Supreme Court · 1871
  2. McCready v. LansdaleMississippi Supreme Court · 1881

3Cited by5 opinions

  1. Wilson v. JONES CTY. BD. OF SUPERVISORSMississippi Supreme Court · 1977
  2. Gulf & Ship Island R. v. Harrison CountyMississippi Supreme Court · 1941
  3. Tunica County Board of Supervisors v. HWCC-Tunica, LLCMississippi Supreme Court · 2017
  4. Guess v. Riverside Farms, Inc.Mississippi Supreme Court · 1976
  5. Tunica County Board of Supervisors v. HWCC-Tunica, LLCMississippi Supreme Court · 2017

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