Jones v. Loving
Mississippi Supreme Court
Error to the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The case is stated in the opinion of the court. 1. The power exercised by the aldermen in passing the ordinance complained of was unlawful, and not within the scope of their authority under the Charter of the town; and, therefore, the corporation was in nowise responsible for such ordinance. The aldermen alone, as private citizens, are amenable to any ■one injured by their unauthorized act.
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Error to the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The case is stated in the opinion of the court. 1. The power exercised by the aldermen in passing the ordinance complained of was unlawful, and not within the scope of their authority under the Charter of the town; and, therefore, the corporation was in nowise responsible for such ordinance. The aldermen alone, as private citizens, are amenable to any ■one injured by their unauthorized act. Every such body as the aldermen of this town, having authority specially defined, act at their peril; and if they exceed the scope of…
1Opinion of the CourtChalmers, J.
The plaintiff, late major of the town of Beauregard, brings-this suit against the defendants, late aldermen of said town, to recover from them, individually, damages alleged to have been sustained by him from the passage by them of an ordinance which, as he alleges, “.unlawfully and maliciously deprived him of his legal rights, fees, privileges, and emoluments, and of his office of mayor as aforesaid.”
It is impossible to perceive upon what theory such a suit-can be maintained. If the ordinance was within the authority of the board, certainly the individual members of it cannot be made…
2Cited by17 opinions
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