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56 Miss. 628

Watson v. Doherty

Mississippi Supreme Court

Decided April 15, 1879

Mississippi Supreme Court · decided 1879-04-15

Hon. S. S. Calhoon, Judge. A. P. Shepherd, being the holder of a warrant issued on the 11th of October, 1875, by the Board of Supervisors of Yazoo County, filed a petition in May, 1878, for a mandamus to compel the county treasurer to pay the same.

Cited by 2 later decisions — most recently July 1899

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1879-04-15

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Campbell, J.,

¶1delivered the opinion of the court.

¶2The act entitled “An act to ascertain the outstanding indebtedness of Yazoo County,” etc., passed January 31, 1876 *631(Sess. Acts, p. 302), was a valid exercise of legislative power. It has an authoritative precedent in the case of Tarpley v. Hamer et al., 9 Smed. & M. 310, in which an act passed on the 6th of February, 1841, which deprived precedent judgments of their lien unless, by the 1st of July thereafter, an abstract of such judgments should be filed in the office of the clerk of the Circuit Court of the county in which the property was situated, was held to be constitutional.

¶3The principle on which this decision rests has been repeatedly announced in this court, and has general recognition in the Federal and State courts. It is too ivell settled to be questioned.

¶4Judgment affirmed.

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