Kelly v. Wimberly
Mississippi Supreme Court
Appeal from the Circuit Court of Yalabusha County. Hon. W. S. Featherston, Judge. R. E. Wimberly, the appellee, proceeded by mandamus in the circuit court against the appellant, treasurer of the town of Coffee-ville, to compel him to pay two warrants, drawn by the mayor of the town on the treasurer, on the 26th day of February, 1883, the warrants representing an indebtedness contracted by the old corporation of CofPeeville before the repeal of .its charter in 1880, and…
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Appeal from the Circuit Court of Yalabusha County. Hon. W. S. Featherston, Judge. R. E. Wimberly, the appellee, proceeded by mandamus in the circuit court against the appellant, treasurer of the town of Coffee-ville, to compel him to pay two warrants, drawn by the mayor of the town on the treasurer, on the 26th day of February, 1883, the warrants representing an indebtedness contracted by the old corporation of CofPeeville before the repeal of .its charter in 1880, and adjudged to be a charge against the new town or corporation in the case of Ross v. Wimberly, 60 Miss. 345. The appellant…
1Opinion of the CourtChalmers, J.
Plaintiff below had his account against the town audited and allowed by the town council. By his former case — Wimberly v. Ross, 60 Miss. 345 — he obtained a warrant on the town treasurer from the mayor. The treasurer declines to pay the warrant solely on two grounds — first, that there has been no precedent judgment at law on the claim; second, that he, himself, though he is in office unmolested, has never given any bond and is therefore only an officer de facto. As to the first point, we hold that the claim being for a certain and ascertained amount, the audition and allowance by the town…
2Cases cited3 opinions
- Ex parte BellMississippi Supreme Court · 1879
- State Board of Education v. City of West PointMississippi Supreme Court · 1874
- Ross v. WimberlyMississippi Supreme Court · 1882
3Cited by7 opinions
- City of Atlanta v. Blackman Health Resort Inc.Supreme Court of Georgia · 1922
- Lumbermen's Mutual Casualty Co. v. BissellMichigan Supreme Court · 1922
- Texas Employers' Ins. Ass'n v. ShillingCourt of Appeals of Texas · 1923
- American Bridge Co. v. WheelerWashington Supreme Court · 1904
- Texas Employers' Ins. v. ShillingCourt of Appeals of Texas · 1925
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