Legal Opinion

Turner v. City of Hattiesburg

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 20 opinions

From the chancery court of Forrest county. Hon. Thaddeus A. Wood, Chancellor. Turner and others, resident citizens and tax payers-of the municipality, appellants, were complainants in the court below; the city of Hattiesburg, appellee, was defendant there. The objéct of the suit was to enjoin the issuance of municipal bonds. From a decree sustaining a demurrer to the bill of complaint and dismissing the suit complainants appealed to the supreme court.

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From the chancery court of Forrest county. Hon. Thaddeus A. Wood, Chancellor. Turner and others, resident citizens and tax payers-of the municipality, appellants, were complainants in the court below; the city of Hattiesburg, appellee, was defendant there. The objéct of the suit was to enjoin the issuance of municipal bonds. From a decree sustaining a demurrer to the bill of complaint and dismissing the suit complainants appealed to the supreme court. Municipalities are creatures of the statute, and can exercise no powers not expressly granted or necessarily implied to carry the granted…

1Opinion of the CourtSmith, J.

By chapter 119 of the Acts of 1910, the Mississippi Normal College was created. By section 9 of this act the board of trustees of this college were directed to “locate the same in the place offering the most advan*345tageous conditions, all things considered.” By chapter-120 of the-Acts of 1910', municipalities of Mississippi were authorized to issue bonds for the purpose of procuring the location of this college in the municipality issuing same. The city of Hattiesburg, having become-the highest bidder therefor, obtained this location, and was preparing to issue bonds in order to obtain the…

2Cases cited5 opinions

  1. Ex parte WrenMississippi Supreme Court · 1886
  2. Hunt v. WrightMississippi Supreme Court · 1892
  3. Lund v. Chippewa CountyWisconsin Supreme Court · 1896
  4. Cox v. Commissioners of Pitt CountySupreme Court of North Carolina · 1908
  5. State v. Vicksburg & Nashville R. R.Mississippi Supreme Court · 1875

3Cited by20 opinions

  1. State ex rel. Board of Commissioners v. ClausenWashington Supreme Court · 1917
  2. Carlberg v. MetcalfeNebraska Supreme Court · 1930
  3. Feemster v. City of TupeloMississippi Supreme Court · 1920
  4. White v. Board of Education of Silver CityNew Mexico Supreme Court · 1938
  5. Oktibbeha County Bd. of Educ. v. Town of SturgisMississippi Supreme Court · 1988

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