Town of Jonestown v. Ganong
Mississippi Supreme Court
From tbe circuit court of, second district, Coaboma county. Hon. Samuel C. Cook, Judge. Ganong, appellee, was plaintiff in tbe court below; tbe town of Jonestown, appellant, was defendant there. From a judgment in plaintiff’s favor granting a writ of mandamus tbe defendant appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tire court.
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From tbe circuit court of, second district, Coaboma county. Hon. Samuel C. Cook, Judge. Ganong, appellee, was plaintiff in tbe court below; tbe town of Jonestown, appellant, was defendant there. From a judgment in plaintiff’s favor granting a writ of mandamus tbe defendant appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tire court. Tbe court below erred in overruling appellant’s motion to set aside tbe judgment entered against it in tbe court below, since appellant bad a meritorious defense to tbe action. Tbis defense was set out in tbe affidavit of tbe mayor, wbo was…
1Opinion of the CourtMayes, C. J.
On the 18th day of February, 1907, W. L. Ganong filed a petition in the circuit court of Ooahoma county, praying for a mandamus against the proper officers of the town of Jones-town. The object sought to be accomplished by the proceeding was to compel the payment of a certain judgment which Ganonghad obtained against the town, and which it refused and failed to pay. The substance of the petition is that the town of Jones-town is a municipal-corporation, created under the laws of the state of Mississippi, and deriving its corporate powers by virtue of the general Code chapter on the subject of…
2Cases cited2 opinions
- Mayor v. LordSupreme Court of the United States · 1870
- Beard v. Board of SupervisorsMississippi Supreme Court · 1875
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