Legal Opinion

Monnette v. Toney

Mississippi Supreme Court

Decided March 15, 1919No. 20713PublishedCited by 9 opinions

Appeal from the circuit court of Lauderdale county. IioN. R. W. Heidelbeeg, Judge. Suit by Mrs. Sarah B. Toney against L. C. Monette and others. From, a judgment for plaintiff, defendant, Monette, appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Lauderdale county. IioN. R. W. Heidelbeeg, Judge. Suit by Mrs. Sarah B. Toney against L. C. Monette and others. From, a judgment for plaintiff, defendant, Monette, appeals. The facts are fully stated in the opinion of the court. As we talie it, the question presented by this appeal is, what is the true meaning and interpretation of section 1448 of the Code of 1906 in the light of section 23 of the Constitution of 1890. Before attempting, however, to determine the meaning and effect of section 1448 of the Code of 1906, it becomes necessary to determine what is…

1Opinion of the CourtHoldeN, J.

The appellee, Mrs. Sarah 0. Toney, recovered judgment against the appellant and the surety company o.n his official bond, for damages for an unlawful search of her house and premises by the appellant Monette, chief of police of the city of Meridian, and from which judgment this appeal is prosecuted.

Here are the facts, briefly stated, upon which the judgment is founded. Mrs. Toney was a householder and head of a family residing with her family in a *852bouse in the city of Meridian. Mr. Monette, as chief of police of the city, had in his possession a warrant for the arrest of one Gus Nelson to…

2Cases cited1 opinion

  1. Boyd v. United StatesSupreme Court of the United States · 1886

3Cited by9 opinions

  1. Norman v. StateMississippi Supreme Court · 1974
  2. Moore v. StateMississippi Supreme Court · 1925
  3. Smith v. TateTennessee Supreme Court · 1920
  4. Love v. StateMississippi Supreme Court · 1926
  5. United States v. J. Paul Joines and John Robert Joines. Appeal of John Robert JoinesCourt of Appeals for the Third Circuit · 1957

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