Legal Opinion

Smith v. State

Mississippi Supreme Court

Decided March 15, 1911PublishedCited by 6 opinions

Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. Suit by the state on the relation of M. S. McNeil, district attorney, against E. J. Smith, state auditor.

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Appeal from the circuit court of Hinds county. Hon. W. A. Henry, Judge. Suit by the state on the relation of M. S. McNeil, district attorney, against E. J. Smith, state auditor. From an adverse judgment defendant appeals. * The facts are as follows: This suit was instituted by M. S..McNeil, district attorney, at the instance*of Mrs. Emma Edwards, the holder of certain bonds of the state of Mississippi, dated July 1, 1910, issued and sold under chapter 99 of the acts of the legislature of 1910, and is brought against E. J. Smith, auditor, and Geo. E. Edwards, treasurer, to compel the auditor…

1Opinion of the Court

Smith, J.,

delivered the opinion of the court.. The validity of the bonds here under consideration is-not challenged, their validity being conceded by all parties. The contention is that the bondholders are not entitled to the interest on the bonds which had accrued at the time of their purchase. Two questions are submitted to us for decision: (1) Is a district attorney authorized to institute this suit? (2) What is the meaning of the word “par,” as used in the “act authorizing the issuance of the bonds for the purpose of defraying the expenses of the government of. the state of Mississippi, ’…

2Cases cited15 opinions

  1. Yesler v. City of SeattleWashington Supreme Court · 1890
  2. Village of Fort Edward v. . FishNew York Court of Appeals · 1898
  3. Meixell v. KirkpatrickSupreme Court of Kansas · 1883
  4. Dexter v. PhillipsMassachusetts Supreme Judicial Court · 1876
  5. Citizens' Savings Bank v. Town of GreenburghNew York Court of Appeals · 1903

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3Cited by6 opinions

  1. Board of Drainage Commissioners of New River Drainage District v. ArnoldSupreme Court of Georgia · 1923
  2. Clark v. StateMississippi Supreme Court · 1982
  3. Board of Directors of the Horse Heaven Irrigation District v. MineahWashington Supreme Court · 1920
  4. State v. SondermanIndiana Court of Appeals · 1923
  5. American Surety Co. of New York v. Cove Irr. Dist.Court of Appeals for the Ninth Circuit · 1928

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