Daily v. Swope
Mississippi Supreme Court
Error to the circuit court of De Soto county. EisheRj J. On the trial of this cause, it was agreed by* counsel that “the court may hear and determine, without regard to the pleadings, all constitutional questions growing out of the levee law involved, under section 20 of article 12 of the constitution, and which may grow out of that clause as to uniform and equal, and ad valorem taxation; and also any constitutional question arising upon the said levee law, as to want of…
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Error to the circuit court of De Soto county. EisheRj J. On the trial of this cause, it was agreed by* counsel that “the court may hear and determine, without regard to the pleadings, all constitutional questions growing out of the levee law involved, under section 20 of article 12 of the constitution, and which may grow out of that clause as to uniform and equal, and ad valorem taxation; and also any constitutional question arising upon the said levee law, as to want of notice to tax-payers, and want of demand for the tax, and want of provision for an adjudication of delinquency under the…
1Opinion of the Court
SlMRALL, J. :
The question which was argued in this cause and submitted for decision is, whether the levee law of 1871 conflicts with the 20th section of the 12th article of the constitution. We have bestowed such reflection upon the subject as the pressure of other duties would allow.
It is well settled in this state, in nearly all the states, *377and by the supreme court of the United States, that it is competent for a state legislature to authorize a county, city, or town, or a district composed of several counties, or parts of them, to construct local improvements of a public character, or to…
2Cases cited14 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- In re the Mayor of New-YorkNew York Supreme Court · 1814
9 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Lainhart v. CattsSupreme Court of Florida · 1917
- Los Angeles County Flood Control District v. HamiltonCalifornia Supreme Court · 1917
- Consumers Coal Co. v. City of LincolnNebraska Supreme Court · 1922
- Reelfoot Lake Levee District v. DawsonTennessee Supreme Court · 1896
- McKinney v. BarkerCourt of Appeals of Kentucky · 1918
41 more not listed; retrieve them via the Exa API.