Langstaff v. Town of Durant
Mississippi Supreme Court
Appeal from the chancery court of Holmes county. Hon. Z. A. Brantley, Special Chancellor. Suit by the Town of Durant against E. L. Langstaff to enforce a lien for the laying of a sidewalk. From an order overruling a demurrer to the bill, defendant appeals.
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Appeal from the chancery court of Holmes county. Hon. Z. A. Brantley, Special Chancellor. Suit by the Town of Durant against E. L. Langstaff to enforce a lien for the laying of a sidewalk. From an order overruling a demurrer to the bill, defendant appeals. The whole S3rstem of apportioning the costs adopted by the town of Durant being entirely wrong, that system being provided in case of improvement to the streets only and not to the sidewalks, the effort to compel appellant to pay same is void, as it is necessary as a condition precedent to the enforcement of such assessment that the various…
1Opinion of the CourtEthridge, J.
This is an appeal from an order of the' chancery court of Holmes county overruling a demurrer to a bill tiled by1 the town of Durant to enforce a lien for the laying of a sidewalk under the provisions' of chapter 260, Laws of 1912. This is the second appearance of this case in this court; the first appeal being reported in 111 Miss. 820, 72 So. 236, 681.
When the case was here on the former appeal, it was reversed and remanded for the reason that the proper *489publication of service of notice/ was not made in conformity to the provisions of the statute, and that the method of assessing the costs…
2Cases cited11 opinions
- Bowers v. AndrewsMississippi Supreme Court · 1876
- Holmes v. EvansMississippi Supreme Court · 1873
- Fisher v. KuhnMississippi Supreme Court · 1877
- Ponder v. MartinMississippi Supreme Court · 1918
- Moore v. SummervilleMississippi Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stovall v. City of JasperSupreme Court of Alabama · 1928
- Myrick v. INCORP. OF DESIGNATED AREA MUN. CORP. TO BE NAMED STRINGERMississippi Supreme Court · 1976
- Norwood v. EXT. OF BOUNDARIES OF ITTA BENAMississippi Supreme Court · 2001
- Johnson v. JohnsonMississippi Supreme Court · 1940
- Cabaniss v. City of HuntsvilleSupreme Court of Alabama · 1928
5 more not listed; retrieve them via the Exa API.