Feemster v. City of Tupelo
Mississippi Supreme Court
Appeal from the chancery court of Lee county. Hon. A. J. McIntyre, Chancellor. Suits by Dr. L. C. Feemste against the city Tupelo. From a decree dismissing the bill, complainant appeals. The facts are fully stated in the opinion of the court. We contend that the act above referred to violates the provision of sections 80, 87 and 88 of the constitution.
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Appeal from the chancery court of Lee county. Hon. A. J. McIntyre, Chancellor. Suits by Dr. L. C. Feemste against the city Tupelo. From a decree dismissing the bill, complainant appeals. The facts are fully stated in the opinion of the court. We contend that the act above referred to violates the provision of sections 80, 87 and 88 of the constitution. We believe that section 80 of the Constitution is violated, because the act in question seeks by local law to regulate the taxing power of a municipality. This can only be done by general law: Our court, in the case of Turner v. Hattiesburg,…
1Opinion of the CourtEthridge, J.
At the 1918 session of the legislature chapter 290 of the Laws of 1918 was enacted, authorizing the city of Tupelo to issue bonds in the sum not exceeding fifty thousand dollars,- exclusive of all bonds heretofore issued and authorized by law for the purpose of raising funds for the construction and equipment of a hospital to be located in the said city, and provided that the bonds should not be issued and the hospital established unless a majority of the qualified electors should vote therefor, and provided for the expenditure of the funds under the direction of the board of mayor and…
2Cases cited9 opinions
- Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
- Sherman County v. SimonsSupreme Court of the United States · 1884
- Iowa Eclectic Medical College Ass'n v. SchraderSupreme Court of Iowa · 1893
- Turner v. City of HattiesburgMississippi Supreme Court · 1910
- Yazoo City v. LightcapMississippi Supreme Court · 1903
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3Cited by25 opinions
- In Re Validation of $7,800,000 Comb. Util. Sys.Mississippi Supreme Court · 1985
- Tunica County, Mississippi v. Town of Tunica, MississippiMississippi Supreme Court · 2017
- Coleman v. WhippleMississippi Supreme Court · 1941
- Brister v. Leflore CountyMississippi Supreme Court · 1930
- Poynter v. County of Otter TailSupreme Court of Minnesota · 1947
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