Henderson v. City of Greenwood

“Gary, A. J.

(dissenting) : It seems to me that the opinion of Mr. Justice Jones would have the effect of overruling the unbroken line of authorities in this state establishing the principle that the constitutionality of a statute cannot be determined in mandamus proceedings.”

We have taken occasion to advert to this subject of procedure although it was .not raised by the defendant in the Court below. It was, however, mentioned in the Circuit decree.

Following the Burley case, we approve the procedure followed in this case, it appearing that the peculiar conditions existing in the Burley case,…