Bank of Commerce v. City of Gulfport
Mississippi Supreme Court
Appeal from the chancery court of Harrison county. HoN. W. M. DeNNy, Jr., Chancellor. Action by the city of Gulfport against the hank of commerce of Gulfport and another. Decree for the city and defendants appeal. The facts are fully' stated in the opinion of the court.
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Appeal from the chancery court of Harrison county. HoN. W. M. DeNNy, Jr., Chancellor. Action by the city of Gulfport against the hank of commerce of Gulfport and another. Decree for the city and defendants appeal. The facts are fully' stated in the opinion of the court. It has been held by this court that where a depository bond has been given according to the statute no trust arises in public funds when thus deposited, but if this court as it seems to do, holds that the statute is mandatory in every respect, to lie followed strictly and- that it is not directory but that every requirement…
1Opinion of the CourtSykes, J.
The appellee, the city of Gulfport, filed a bill in the chancery court against the appellants, defendants in the court below, alleging, in substance, that since the 14th day of December, 1916, the bank has been in process of liquidation, being in charge of appellant J. S. Love, one of the members "of the board of state bank examiners; that on the day Mr. Love took' charge of the affairs of the bank the city of Gulfport had on deposit in said bank about fifty thousand dollars of the public-funds of the city; that under sectiop. 3485, Code of 1906 (section 2823, Hemingway’s Code), these public…
2Cases cited6 opinions
- City of Hazlehurst v. MayesMississippi Supreme Court · 1910
- Board of Supervisors v. ArrighiMississippi Supreme Court · 1877
- Powell v. Board of SupervisorsMississippi Supreme Court · 1914
- Bay St. Louis v. Hancock CountyMississippi Supreme Court · 1902
- Bank of Commerce v. ClarkMississippi Supreme Court · 1917
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3Cited by5 opinions
- Perkins v. State ex rel. RobersonMississippi Supreme Court · 1922
- Gulley v. WisdomCourt of Appeals for the Fifth Circuit · 1934
- Bishopric v. City of JacksonMississippi Supreme Court · 1944
- Miller v. BatsonMississippi Supreme Court · 1931
- State Ex Rel. Jordan v. Mayor of GreenwoodMississippi Supreme Court · 1930