Legal Opinion

Pearl River County v. Lacey Lumber Co.

Mississippi Supreme Court

Decided October 15, 1920No. 21449PublishedCited by 16 opinions

Appeal from circuit court of Pearl River County. Hon. A. E. Weathersby, Judge. Mandamus by the Lacey Lumber Company against Pearl River County to compel the issuance of a warrant for the payment of money. Judgment for plaintiff, and defendant appeals.

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Appeal from circuit court of Pearl River County. Hon. A. E. Weathersby, Judge. Mandamus by the Lacey Lumber Company against Pearl River County to compel the issuance of a warrant for the payment of money. Judgment for plaintiff, and defendant appeals. We find the position taken by appellants in this proceeding, supported by the case of Town of Tupelo v. Beard et al., 56 Miss. 532; a case where illegal taxes had been demanded, and collected, an unauthorized tax, where there was no law whatever, for its collection, the authorities collecting, and the persons paying, both acting under' a…

1Opinion of the CourtEthridge, J.

The Lacey Lumber Company, a corporation, filed a petition for mandamus in the circuit court of Pearl River county setting forth that it was a taxpayer of the said county owning large quantities of land in the said county; that in 1916 the legislature of the state passed a bill (chapter 475, Laws of 1916) providing for a new and special assessment of lands of Pearl River county to take the place of the assessment made in 1915, which was the year for the regular land assessment; that after the passage of the said act the taxing authorities of Pearl River county proceeded to make an assessment…

2Cases cited2 opinions

  1. Horton v. KingMississippi Supreme Court · 1916
  2. Horton v. KingMississippi Supreme Court · 1916

3Cited by16 opinions

  1. Matthews v. RodgersSupreme Court of the United States · 1932
  2. Byram v. Thurston CountyWashington Supreme Court · 1926
  3. Mississippi Cent. R. v. City of HattiesburgMississippi Supreme Court · 1932
  4. Schmittler v. Sunflower CountyMississippi Supreme Court · 1930
  5. Moore v. Tunica CountyMississippi Supreme Court · 1926

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