Magee v. Brister
Mississippi Supreme Court
Appeal from the chancery court of Lincoln county. Hon. G-. Gr. Lyell, Chancellor. Suit by J. M. Magee against C. M. Brister and others. Judgment for defendant, and plaintiff appeals. The facts are fully stated in the opinion of the court.
1Opinion of the CourtSmitA, C. J.
The sole question presented to us by this record is the validity, veil non, of the county depository law. Chapter 137, Laws of 1910.
Appellant’s objections to this statute are:(1) It practically abolishes the office of county treasurer, which, under sections 135 and 267 of the Constitution, the legislature is without power to do.(2) It “makes the ■ treasurer an absolute insurer of, and holds him absolutely liable for, the moneys of the county, when all control over same is taken out of his hands and vested in the county depository.”(3) “Section 978 of the Code requires the county treasurer to…
2Cases cited3 opinions
- State Revenue Agent v. TonellaMississippi Supreme Court · 1893
- State ex rel. McNeil v. EdwardsMississippi Supreme Court · 1908
- Montgomery v. State ex rel. City of JacksonMississippi Supreme Court · 1910
3Cited by6 opinions
- Lawson v. BakerCourt of Appeals of Texas · 1920
- Fidelity & Deposit Co. v. Wilkinson CountyMississippi Supreme Court · 1915
- Miller v. WalleyMississippi Supreme Court · 1920
- City of Parsons v. Fidelity & Deposit Co.District Court, D. Kansas · 1928
- Howard v. United StatesCourt of Appeals for the Seventh Circuit · 1937
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