State ex rel. Attorney-General v. Ratliff
Mississippi Supreme Court
Appeal from the circuit court of George county. Hon. T. H. Barrett, Judge. Quo warranto by the state of Mississippi, by the attorney-general, against W. D. Batliff, consolidated with similar proceedings against Simon Landon, F. J. Cotton and T. P. Bailey. From a judgment in favor of respondents except T. P. Bailey, the State and Bailey, appeal.
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Appeal from the circuit court of George county. Hon. T. H. Barrett, Judge. Quo warranto by the state of Mississippi, by the attorney-general, against W. D. Batliff, consolidated with similar proceedings against Simon Landon, F. J. Cotton and T. P. Bailey. From a judgment in favor of respondents except T. P. Bailey, the State and Bailey, appeal. This case was tried before the court in vacation upon an agreed ■ statement of facts, which together with the opinion of the trial court are set out below in full. “In the above entitled cause it is agreed that the following is a true and correct…
1Opinion of the CourtSmith, C. J.
Appellees Batliff and Cotton were not disqualified to succeed themselves, for the reason that the preceding board of aldermen, of which they were members, had increased the tax levy without being authorized so to do by a vote of the people. Section 3430 of the Code is plain and unambiguous, and no resort to rules of construction are necessary in order to understand its terms. It provides that, “in case of an increase in indebtedness not so authorized, the mayor and aldermen shall not succeed themselves or each other,”'and taxes levied are not a part of the indebtedness of a municipality.
The…
2Cases cited3 opinions
- Barnum v. GilmanSupreme Court of Minnesota · 1881
- Mayor of Jackson v. StateMississippi Supreme Court · 1912
- Sublett v. BedwellMississippi Supreme Court · 1872
3Cited by3 opinions
- Jackson v. NorrisCourt of Appeals of Maryland · 1937
- McKenzie v. BoykinMississippi Supreme Court · 1916
- Noctor v. State ex rel. LinehanOhio Supreme Court · 1923