Legal Opinion

Yazoo City v. Lightcap

Mississippi Supreme Court

Decided March 15, 1903PublishedCited by 12 opinions

From the chancery court of Yazoo county. Hon. Henry O. Conn, Chancellor. Lightcap, the appellee, was complainant in the court below, and Yazoo City, appellant, was defendant there. The object of the suit was to enjoin the issuance of municipal bonds. From a decree in complainant’s favor the defendant appealed to the supreme court.

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From the chancery court of Yazoo county. Hon. Henry O. Conn, Chancellor. Lightcap, the appellee, was complainant in the court below, and Yazoo City, appellant, was defendant there. The object of the suit was to enjoin the issuance of municipal bonds. From a decree in complainant’s favor the defendant appealed to the supreme court. The city of Yazoo had a charter granted it before the code chapter on “Municipalities” (code 1892) was adopted, and did not come under that chapter. It amended its charter in 1901 and 1902, in pursuance of section 3039 of the code of 1892, and the amendment thereof…

1Opinion of the CourtWhitfield, C. J.

The question presented for decision is whether section 3039 *173of the code of 1892 is constitutional, and also whether the act of March 12, 1900, p. 79, ch. 69, amending section 3039 of the code, is constitutional.

The only difference between section 3039 and the act amending it is that the former requires amendments of the charters of municipalities not governed by the code chapter to be consistent with the provisions of the chapter, whereas the amending act permits Such amendments, though inconsistent with the provisions of the code chapter on municipalities. The ground on which the…

2Cases cited5 opinions

  1. Williams v. CammackMississippi Supreme Court · 1854
  2. Alcorn v. HamerMississippi Supreme Court · 1860
  3. Schulherr v. BordeauxMississippi Supreme Court · 1886
  4. Barnes v. Board of SupervisorsMississippi Supreme Court · 1875
  5. Lum v. City of VicksburgMississippi Supreme Court · 1895

3Cited by12 opinions

  1. City of Jacksonville v. BowdenSupreme Court of Florida · 1914
  2. Feemster v. City of TupeloMississippi Supreme Court · 1920
  3. Adams v. KuykendallMississippi Supreme Court · 1903
  4. Gambrill v. Gulf States Creosoting Co.Mississippi Supreme Court · 1953
  5. Bishop v. City of MeridianMississippi Supreme Court · 1955

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