Legal Opinion

Herrick v. Pascagoula Street Railway & Power Co.

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 1 opinion

Prom the chancery court of Jackson county. Hon. Thaddbus A. Wood, Chancellor. The railway, etc., company, appellee, was complainant in .the court below; Herrick, tax collector, appellant, was defend.ant there. Prom a decree overruling a motion to dissolve a preliminary injunction the defendant appealed to the supreme ■ court.

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Prom the chancery court of Jackson county. Hon. Thaddbus A. Wood, Chancellor. The railway, etc., company, appellee, was complainant in .the court below; Herrick, tax collector, appellant, was defend.ant there. Prom a decree overruling a motion to dissolve a preliminary injunction the defendant appealed to the supreme ■ court. The facts as stated by Anderson, J., are these:— “The bill of complaint in this cause was filed by appellee, a property owner and taxpayer of the city of Pascagmila, against the appellant, Herrick, as tax collector of said .city, to enjoin him from the collection of…

1Opinion of the Court

Anderson, J".,

after stating the facts as above, delivered the-opinion of the court.

Two questions are presented for decision. Hirst, whether the increase made by the mayor and board of aldermen in the assessment of appellees’ property, over that as copied from the county roll, is void; and, second, whether the levy of taxes, in excess of six mills for “general funds,” is void. Whether the entire assessment and entire levy of taxes are void is nor brought in question.

Code 1906, § 3422, is as follows: “The mayor and board of aldermen of a city, town- or village, may, at a regular or special…

2Cases cited1 opinion

  1. City of Biloxi v. Biloxi Real Estate Co.Mississippi Supreme Court · 1909

3Cited by1 opinion

  1. Wentworth v. ForneMississippi Supreme Court · 1962

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