Beard v. Board of Supervisors
Mississippi Supreme Court
Error to the Circuit Court of Lee County. Hon. R. B. Boone, Judge. The facts in the case fully appear in the opinion of the court.
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Error to the Circuit Court of Lee County. Hon. R. B. Boone, Judge. The facts in the case fully appear in the opinion of the court. The following is assigned for error: 1. The circuit court erred in refusing the peremptory writ. 2. Because the return of the defendants was not sworn to. 3. Because the court erred in refusing to hear the testimony and to consider the sworn petition of relator and exhibits thereto, and certified orders of the board of supervisors. 4. The court erred in trying said cause on alternative writ and return thereto, taking said return as true. 40 Miss., 268; 28 id., 38;…
1Opinion of the CourtSimrall, J.
This was an action of mandamus to compel the board of supervisors of Lee county to levy a tax on the taxable property of the county to pay sundry warrants held by the relator, and drawn upon the county treasurer “ against the teachers’ fund.”
The board of supervisors made their return or answer to the alternative writ. Thereupon the relator moved that the peremptory writ be granted.
Section 1520, Code, in relation to the action of mandamus, intends that there may be issues which shall be in all respects like those “ in an ordinary action for the recovery of damages.”
At the common law, the…
2Cases cited2 opinions
- Swan v. GrayMississippi Supreme Court · 1870
- State Board of Education v. City of West PointMississippi Supreme Court · 1874
3Cited by4 opinions
- Gamble v. WittyMississippi Supreme Court · 1877
- State ex rel. Aultman v. IceWest Virginia Supreme Court · 1915
- Town of Jonestown v. GanongMississippi Supreme Court · 1910
- United States v. Nashville, C. & St. L. Ry.District Court, M.D. Tennessee · 1914