Alcorn v. Hamer
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo county. Hon. E. Gr. Henry, chancellor. A very full statement of the case will be found in the opinion of the court, and the argument of counsel for appellees. The record in this ease presents the question of the constitutionality of the act of the legislature, passed on the 2d December, 1858, commonly known as the Levee Law.
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Appeal from the Chancery Court of Yazoo county. Hon. E. Gr. Henry, chancellor. A very full statement of the case will be found in the opinion of the court, and the argument of counsel for appellees. The record in this ease presents the question of the constitutionality of the act of the legislature, passed on the 2d December, 1858, commonly known as the Levee Law. The first objection which we shall notice is based upon the assumption that the act was not passed and did not become law by the will of the legislature. The bill alleges that by the proviso to the first section “ the act did not…
1Opinion of the CourtSmith, C. J.
These were bills filed in the Chancery Court for Yazoo county. The first to restrain the collection of the levee tax assessed under the first section of chapter 1 of the Act of December, 1858, p. 33 : the second to enjoin the sheriff from paying over to the treasurer of the board of levee commissioners the tax collected under the same act, and to recover it back. The ground for relief in both cases is the alleged invalidity of the law.
The bills charge that the said act is unconstitutional and void, because it provided that the question, whether the tax should be levied and collected, should…
2Cases cited2 opinions
- Williams v. CammackMississippi Supreme Court · 1854
- Stein v. Mayor of MobileSupreme Court of Alabama · 1854
3Cited by33 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Dye v. State Ex Rel. HaleMississippi Supreme Court · 1987
- Noa Spears and Wife v. City of San AntonioTexas Supreme Court · 1920
- Thomas v. GainMichigan Supreme Court · 1876
- Howell v. StateMississippi Supreme Court · 1974
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