Legal Opinion

Carter v. Henry

Mississippi Supreme Court

Decided November 15, 1905PublishedCited by 8 opinions

From the circuit court of, first district, Hinds county. ITon. David M. Miller, Judge. Carter, the appellant, was plaintiff in the court below; Henry, auditor, etc., the appellee, was defendant there.

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From the circuit court of, first district, Hinds county. ITon. David M. Miller, Judge. Carter, the appellant, was plaintiff in the court below; Henry, auditor, etc., the appellee, was defendant there. The legislature of 1904 (Laws 1904, ch. 57, p. 47) passed a bill for the relief of J. W. Carter, former sheriff of Kemper county, donating to him the sum of $740.06 to “reimburse him for said amount paid into the state treasury through a collection made by the revenue agent in November, 1900.” Upon application of Carter to Henry, auditor of public accounts, for a warrant on the treasurer for…

1Opinion of the CourtWhitfield, C. J.

The bill under review originated in the senate, which duly passed it, and it was then passed by the house, and was, on March 16, 1904, presented to the governor for action. March 20, 1904, came on Sunday. The legislature adjourned sine die on March 22, 1904, at 12:45 p.m. On that day (March 22) the governor sent the message in the case to the senate; but the governor’s private secretary, who had the bill in his possession, conceived that the bill should be handed to the secretary of state, and clid so deliver the bill to the secretary of state, but delivered the message to the senate while in…

2Cases cited2 opinions

  1. State ex rel. State Pharmaceutical Ass'n v. MichelSupreme Court of Louisiana · 1900
  2. Beaudean v. City of Cape GirardeauSupreme Court of Missouri · 1880

3Cited by8 opinions

  1. State ex rel. Dawson v. SessionsSupreme Court of Kansas · 1911
  2. Croissant v. DeSoto Improvement Co.Supreme Court of Florida · 1924
  3. Lewis, Secretary of State v. CozineCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Allison v. Camp Creek Drainage Dist.Mississippi Supreme Court · 1951
  5. O'Quinn v. StateMississippi Supreme Court · 1923

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