City of Hazlehurst v. Mayes
Mississippi Supreme Court
Beom; the chancery court of Copiah county. IIoN. G-. G-aeiaNd Lyell, Chancellor. Mayes, appellee, was complainant in the court below; the city of Hazlehurst, appellant, was defendant there. From a decree overruling a motion to dissolve an injunction defendant appealed to the supreme court. The facts are stated in the opinion of the court.
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Beom; the chancery court of Copiah county. IIoN. G-. G-aeiaNd Lyell, Chancellor. Mayes, appellee, was complainant in the court below; the city of Hazlehurst, appellant, was defendant there. From a decree overruling a motion to dissolve an injunction defendant appealed to the supreme court. The facts are stated in the opinion of the court. Hnder Code 1906, § 3314, the city of Hazlehurst, which is operating under the code chapter, has the power “to purchase and hold real estate, within the corporate limits, for all proper municipal purposes, and for parks.” Hnder Code 1906, § 3337, the city has…
1Dissent
WniTFiELU, O. T.,
delivered the following dissenting opinion::
The single question involved in this case is whether the city of Hazlehurst had- power to issue bonds to purchase a park-*667My Brethren bold that it did not, and that bolding is rested upon tbe single proposition, at last, that section 3415 of the Code of 1906 furnishes the only instances in which cities in this state may issue bonds.
I cannot concur in this view; it seems to me far too narrow and technical, and calculated greatly to hinder and impede municipalities in the exercise of powers necessarily implied in order to carry out the…
2Cases cited7 opinions
- Mayor v. RaySupreme Court of the United States · 1874
- Rushville Gas Co. v. City of RushvilleIndiana Supreme Court · 1889
- Mullarky v. Town of Cedar FallsSupreme Court of Iowa · 1865
- City of Williamsport v. Commonwealth ex rel. BairSupreme Court of Pennsylvania · 1877
- Sturtevants v. AltonU.S. Circuit Court for the District of Illinois · 1844
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