Pearl River County Bank v. Town of Picayune
Mississippi Supreme Court
Appeal from circuit court of Pearl River county. Hon. A. E. Weathersby, Judge. Petition for writ of mandamus by the Pearl River County Bank against the Town of Picayune. From a dismissal of the petition on demurrer, petitioner appeals. It is conceded by the appellants herein that, in matters where the board has any discretionary power, that mandamus would not lie, in the absence of any showing of fraud on the part of said board.
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Appeal from circuit court of Pearl River county. Hon. A. E. Weathersby, Judge. Petition for writ of mandamus by the Pearl River County Bank against the Town of Picayune. From a dismissal of the petition on demurrer, petitioner appeals. It is conceded by the appellants herein that, in matters where the board has any discretionary power, that mandamus would not lie, in the absence of any showing of fraud on the part of said board. But we contend that since the statute states specifically the kind of security which shall be acceptable as security for a depository, that when the bidder offers the…
1Opinion of the CourtSykes, J.
The appellant bank by mandamus proceedings in the circuit court seeks to compel the appellee, town of Picayune, to. accept the bid of the appellant and select it as the depository for the town. The petition alleges that the mayor and board of aldermen of the town of Picayune advertise for bids for a depository of the funds of the town in accordance with chapter 253, Laws of 1914, and that in response to this advertisement the appellant, petitioner, submitted its bid, which bid is set out in detail in the petition, but which is unnecessary to be herein copied; that the only other bid submitted…
2Cases cited4 opinions
- State ex rel. Greaves v. HenryMississippi Supreme Court · 1905
- Swan v. GrayMississippi Supreme Court · 1870
- Shotwell v. CovingtonMississippi Supreme Court · 1892
- Powell v. Board of SupervisorsMississippi Supreme Court · 1914
3Cited by2 opinions
- Bank of McCool v. United States Fidelity & Guaranty Co.Mississippi Supreme Court · 1922
- Cooper v. TownsendMississippi Supreme Court · 1926