Nixon v. City of Biloxi
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. Nathan C. Hill, Chancellor. Miss Nixon, the appellant, was the complainant in the court below; the city of Biloxi, the appellee, was defendant there. The object of the bill was to enjoin a sale of land for delinquent municipal taxes, and the relief was asked on several grounds. A preliminary injunction was granted.
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From the chancery court of Harrison county. Hon. Nathan C. Hill, Chancellor. Miss Nixon, the appellant, was the complainant in the court below; the city of Biloxi, the appellee, was defendant there. The object of the bill was to enjoin a sale of land for delinquent municipal taxes, and the relief was asked on several grounds. A preliminary injunction was granted. The averments of the bill attacking the assessment and the increase in the valuation of the property were not proved. The charge that the municipal authorities had not designated a place within the city at which tax sales should be…
1Opinion of the CourtWhitfield, J.
No counsel fees should have been allowed as damages. The attorneyof the city was a salaried officer under annual contract. The city suffered no damage as to fees. This is settled law. 2 High on Inj., sec. 1688.
Counsel for appellee, anticipating this ruling, offer to remit, and ask us to affirm. Ordinarily we would do so, but cannot in this case, because of the allegation in the sworn bill that the mayor and board of aldermen had not directed the tax collector at what place to sell, as required by § 3022, code of 1892. This allegation, strangely, is not denied by the answer, nor in any way…
2Cited by8 opinions
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- Alvis v. HicksMississippi Supreme Court · 1928
- Vicksburg Water Works Co. v. Mayor of VicksburgMississippi Supreme Court · 1910
- Seyler v. SeylerCourt of Appeals for the Fifth Circuit · 1982
- College Investment Co. v. Bank of ForestMississippi Supreme Court · 1974
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