State Board of Education v. City of West Point
Mississippi Supreme Court
Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. The facts in this case are fully set out in the opinion of the court. The mayor and selectmen of the city of West Point collected large sums of money from licenses to retail vinous and spirituous liquors, and used the same for ordinary city purposes. They should have paid this money over to the state treasurer as a permanent school fund.
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Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. The facts in this case are fully set out in the opinion of the court. The mayor and selectmen of the city of West Point collected large sums of money from licenses to retail vinous and spirituous liquors, and used the same for ordinary city purposes. They should have paid this money over to the state treasurer as a permanent school fund. Const., art. 8, see. 6. The petition shows that the defendants had no property liable to execution, had a judgment been obtained. Where a specific duty is required to be performed, and it…
1Opinion of the CourtSimrall, J.
This is an action of mandamus, brought on the relation of the state board of education, against the mayor, selectmen and treasurer of the town cf West Point, having for its general object a payment into the state treasury for the use of common schools, by these corporate authorities, of the money collected for licenses to retail vinous and spirituous liquors within the town.
The state board of education state in their petition substantially, that sec. 6 of art. 8 of the constitution provides for the establishment of a common school fund, consisting, in part, of all moneys received for licenses…
2Cases cited8 opinions
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
- Coy v. City Council of Lyons CitySupreme Court of Iowa · 1864
- Carroll v. Board of PoliceMississippi Supreme Court · 1854
- People ex rel. Lawrence v. Board of SupervisorsIllinois Supreme Court · 1869
- State ex rel. Brackett v. County JudgeSupreme Court of Iowa · 1857
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3Cited by12 opinions
- Board of Sup'rs v. LeeMississippi Supreme Court · 1927
- City of Clarksdale v. HarrisMississippi Supreme Court · 1940
- State Board of Education v. City of AberdeenMississippi Supreme Court · 1879
- Howell v. State ex rel. EdwardsSupreme Court of Florida · 1907
- Kelly v. WimberlyMississippi Supreme Court · 1884
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