Ellis v. Tillman
Mississippi Supreme Court
Appeal from chancery court of Copiah county. Hon. V. J. Stbickee, Chancellor. Suit by E. B. Tillman and others against I. N. Ellis, Sr., and others, for an injunction. From a decree overruling a motion to dissolve a preliminary injunction, respondents appeal. We contend: (1) This feature of section 7162 is directory and not mandatory, and therefore a failure to observe the same would not invalidate the contract.
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Appeal from chancery court of Copiah county. Hon. V. J. Stbickee, Chancellor. Suit by E. B. Tillman and others against I. N. Ellis, Sr., and others, for an injunction. From a decree overruling a motion to dissolve a preliminary injunction, respondents appeal. We contend: (1) This feature of section 7162 is directory and not mandatory, and therefore a failure to observe the same would not invalidate the contract. (2) If mandatory there has been a substantial compliance therewith, which is sufficient. In considering both of these contentions it is very important that we keep the purpose of this…
1Opinion of the CourtW. H. Cook, J.
E. B. Tillman and other taxpayers of district number 1 of Copiah county exhibited their bill of complaint in the chancery court seeking to enjoin the board of supervisors, the road commissioners of the district, and J. M. Bass, road contractor, from proceeding further with the con struction of a certain short link of gravel road known as the Pell road. A preliminary injunction was issued, and from a decree overruling a motion to dissolve this injunction, this appeal was prosecuted.
*683That portion of tbe bill of complaint which is material to an understanding of the question presented for…
2Cases cited1 opinion
- Koch & Dryfus v. BridgesMississippi Supreme Court · 1871
3Cited by1 opinion
- Amite County v. MillsMississippi Supreme Court · 1925