Trowbridge v. Schmidt
Mississippi Supreme Court
Erom the circuit court of Warren county. Hon. George Anderson, Judge. Schmidt, appellee, was plaintiff in the court below; Trow-bridge, mayor and treasurer of the city of Vicksburg, appellant, was defendant there. The suit was for a mandamus. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.
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Erom the circuit court of Warren county. Hon. George Anderson, Judge. Schmidt, appellee, was plaintiff in the court below; Trow-bridge, mayor and treasurer of the city of Vicksburg, appellant, was defendant there. The suit was for a mandamus. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. The officers of the city are not authorized, as its trustees, to pay a claim which is barred by the statute of limitations. Both the right and remedy are lost where a claim is barred by the statute. Sec. 2755,…
1Opinion of the CourtCalhoon, J.
Schmidt’s petition for mandamus sets forth that Vicksburg, in grading her streets, had damaged his real estate; that he applied to her municipal board for compensation, which was allowed, and $500 ordered to be paid to him, and the'clerk issued the warrant, but that, by her charter, the treasurer had to approve and sign it, and give cheek for it on the city’s bank of deposit, before the money could be had; and that the mayor, who was also treasurer, refused to do this; and the prayer is that he be compelled to do it, by peremptory writ of mandamus. The treasurer filed eight pleas to this…
2Cases cited3 opinions
- Klein v. Board of SupervisorsMississippi Supreme Court · 1876
- Files v. McWilliamsMississippi Supreme Court · 1873
- Board of Supervisors v. ArrghiMississippi Supreme Court · 1875
3Cited by10 opinions
- Spring Canyon Coal Co. v. Industrial CommissionUtah Supreme Court · 1921
- Gritton v. City of Des MoinesSupreme Court of Iowa · 1955
- Musser v. First Nat. BankMississippi Supreme Court · 1933
- Greene v. GreeneMississippi Supreme Court · 1926
- Nordman v. School District No. 43Supreme Court of Oklahoma · 1941
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