Legal Opinion

Town of Tupelo v. Beard

Mississippi Supreme Court

Decided January 15, 1879PublishedCited by 4 opinions

ERROR to the Circuit Court of Lee County. Hon. J. A. Greer, Judge. The case is stated in the opinion of the court. 1. The payment was voluntary, and the money cannot be recovered back. 2 Dill, on Mun.

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ERROR to the Circuit Court of Lee County. Hon. J. A. Greer, Judge. The case is stated in the opinion of the court. 1. The payment was voluntary, and the money cannot be recovered back. 2 Dill, on Mun. Corp. 857, sect. 751; 34 Ala. 400 ; Leonard v. Ganton, 35 Miss. 189 ; Tuttle v. Everett, 51 Miss. 27 ; 9 Allen, 393. 2. By the charter, the town had the power to levy the tax, which was not repealed by the Code of 1871. Acts 1870, p. 395 ; Code 1871, sects. 2457, 2458. 1. The payment was not under compulsion. 2 Dill, on Mun. Corp. 751; Goolc v. Boston, 9 Allen, 393 ; Town Council v. Bennett, 34…

1Opinion of the CourtSimRall, C. J.

This suit was brought by Beard & Holditch, partners, to recover from the town of Tupelo $290, compulsorily exacted and paid to the corporate authorities, in 1876, for a license to retail vinous and spirituous liquors for one year. The question raised by the demurrer to the declaration, and on the trial by the jury, was whether the plaintiffs ought to recover.

Considering that as the substantial question in controversy, we shall dispose of it without reference particularly to the pleadings and the instructions.

The town rested its defence on two grounds, namely, that it had a right to receive…

2Cases cited1 opinion

  1. Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859

3Cited by4 opinions

  1. Brown v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1913
  2. City of Jackson v. NewmanMississippi Supreme Court · 1882
  3. Union Land & Timber Co. v. Pearl River CountyMississippi Supreme Court · 1925
  4. City of Grenada v. AndrewsMississippi Supreme Court · 1952

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