City of Aberdeen v. Sykes
Mississippi Supreme Court
Appeal from the Circuit Court of Lee County. Hon. J. A. Green, Judge. Municipal corporations have no implied authority to incur debts, borrow money, or subscribe to the building of railroads. Such power must be conferred by express grant. Leonard v. Canton, 35 Miss. 180; Sykes v. Columbus, 55 Miss. 115; Trustees v. Cherry, 8 Ohio St. 564; Hopple v. Brown Township, 13 Ohio St. 311; Aurora v. West, 22 Ind. 88; Butler y. Charlestown, 7 Gray, 12; Dillon Mun.
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Appeal from the Circuit Court of Lee County. Hon. J. A. Green, Judge. Municipal corporations have no implied authority to incur debts, borrow money, or subscribe to the building of railroads. Such power must be conferred by express grant. Leonard v. Canton, 35 Miss. 180; Sykes v. Columbus, 55 Miss. 115; Trustees v. Cherry, 8 Ohio St. 564; Hopple v. Brown Township, 13 Ohio St. 311; Aurora v. West, 22 Ind. 88; Butler y. Charlestown, 7 Gray, 12; Dillon Mun. Corp. §§ 106, 372, 766. Power to issue bonds was conferred by the charter only in aid of the railroad. Acts 1866, p. 86. When the railroad…
1Opinion of the CourtChalmers, C. J.
'The mayor and selectmen of the city of Aberdeen were authorized by the amendment to the charter of the city (Acts of 1866, p. 86) “ to issue the bonds of said city to the amount of one hundred and twenty-five thousand dollars, for the purpose of completing, or aiding in the completion of that part of the New Orleans, Jackson and Great Northern Railroad between said city of Aberdeen and the Mobile and Ohio Railroad.” Bj'- virtue of this authority, the mayor and selectmen issued bonds in two series, amounting to one hundred and three thousand dollars, with the proceeds of which the road was…
2Cases cited5 opinions
- Whitney v. CookMississippi Supreme Court · 1876
- Mayor of Vicksburg v. LombardMississippi Supreme Court · 1875
- Swan v. Liverpool, London & Globe InsuranceMississippi Supreme Court · 1876
- Cutler v. Board of SupervisorsMississippi Supreme Court · 1878
- Woodruff v. Town of OkolonaMississippi Supreme Court · 1880
3Cited by1 opinion
- Beiser v. Supervisor's District No. 2Mississippi Supreme Court · 1917