Legal Opinion

Montgomery v. State ex rel. City of Jackson

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 3 opinions

From the circuit court, of, first district, Hinds county. Hon. Wiley H. Potter, Judge. The State, ex rel. City of Jackson, appellee, was plaintiff in the court below; Montgomery, treasurer of tbe City of Jackson, was .defendant there. From a judgment directing tbe issuance of a mandamus requiring defendant, tbe city treasurei’, to deposit tbe funds of tbe city in depositories provided for by an ordinance, tbe defendant appealed to tbe supreme court.

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From the circuit court, of, first district, Hinds county. Hon. Wiley H. Potter, Judge. The State, ex rel. City of Jackson, appellee, was plaintiff in the court below; Montgomery, treasurer of tbe City of Jackson, was .defendant there. From a judgment directing tbe issuance of a mandamus requiring defendant, tbe city treasurei’, to deposit tbe funds of tbe city in depositories provided for by an ordinance, tbe defendant appealed to tbe supreme court. It will be observed that tbe court in no way approved tbat part of tbe ordinance which tbe counsel for appellee conceded to be invalid, and tbat…

1Opinion of the CourtMayes, C. J.

On the 1st day of June, 1909, the mayor and board of aider-men of the city of Jackson adopted an ordinance providing for the establishment of city depositories, fixing securities, and prescribing the mode of determining the interest rates. It is unnecessary to set out the ordinance, since there can be no legal objection to- its practical operation, if the city authorities had the power to pass it. After adopting this ordinance creating the depositories in the manner provided by it, and fixing interest rates to be paid, the mayor and board of aldermen directed the city treasurer to turn over…

2Cases cited1 opinion

  1. State ex rel. McNeil v. EdwardsMississippi Supreme Court · 1908

3Cited by3 opinions

  1. Lawson v. BakerCourt of Appeals of Texas · 1920
  2. Magee v. BristerMississippi Supreme Court · 1915
  3. Alexander v. EdwardsMississippi Supreme Court · 1954

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