Legal Opinion

Board of Supervisors v. Board of Supervisors

Mississippi Supreme Court

Decided April 15, 1881PublishedCited by 4 opinions

Appeal from the Chancery Court of Sumner County. Hon. R. W. Williamson, Chancellor. By an act of the Legislature of this State, approved April 6, 1874, a new county was created, and called Sumner.

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Appeal from the Chancery Court of Sumner County. Hon. R. W. Williamson, Chancellor. By an act of the Legislature of this State, approved April 6, 1874, a new county was created, and called Sumner. By the seventh section of that act it was provided that “the said county of Sumner shall pay its proportional part of the debt of the county or counties, respectively, from which it is formed; said proportion of such indebtedness to be determined by the assessed value of the real and personal property within its limits.” The act described the boundaries of the territory to be included in the new…

1Opinion of the CourtCharmers, C. J.

Counties are creatures of legislative will, except in so far *622as their existence, rights, and obligations are recognized, protected, or prescribed by the organic law. Where both the Constitution and the statutes are silent, they owe no duties to, and can prefer no demands against, each other by reason of legislative action, however such action may affect their interests . The courts must presume that the Legislature, the arbiter of their destinies, has made such provision in relation to them as it supposed most conducive to the interest of all concerned, and cannot, therefore, supplement…

2Cases cited1 opinion

  1. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876

3Cited by4 opinions

  1. Board of Supervisors of Clay County v. Board of Supervisors of Chickasaw CountyMississippi Supreme Court · 1886
  2. Prescott v. Town of LennoxTennessee Supreme Court · 1898
  3. Morrow County v. HendryxOregon Supreme Court · 1887
  4. Leflore County v. Board of SupervisorsMississippi Supreme Court · 1883

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