Public-domain · open source
OpenJurist

89 Miss. 206

Turner v. Cochran

Mississippi Supreme Court

Decided November 15, 1906

Mississippi Supreme Court · decided 1906-11-15

Erom the chancery court of Jasper county. TIon. James L. McOaskill, Chancellor.

Cited by 2 later decisions — most recently January 1979

2 state decisions

Key passage — most relied on by later courts

“The very able argument of counsel for appellants fails to convince us that these provisions are ultra vires. Section 112 of the constitution is, as we think, not violated, because, as uniformly held, it is not prohibitive of local assessments for local convenience, and as to the locality the assessment is equal and uniform, and, as we all agree, the act in fact makes a new county for court purposes.”

quoted by 1 later decision, including Harris v. HARRISON CTY. BD. OF SUPERVISORS

Good law ✅— No negative treatment on recordhow we know

Decided 1906-11-15

View the full empirical analysis of this case →

Calhoon, J.,

¶1delivered the opinion of the court.

¶2By Laws 1906, p. 19J, cfi. 168, the legislature divided Jasper county into two judicial districts. By section 20 this act provides for the erection of a court house and jail at Bay Springs, in the new district, prescribes that the minimum and maximum cost of the court house shall be $15,000 and $25,000, the minimum and maximum cost of the jail shall be $2,000 and $3,000, and that the court house furnishings should not exceed a cost of $2,500. By section 21 of the act, the legislature saw fit to saddle the expenditures for these objects on the new district, for whose convenience it was organized, and to empower the board of supervisors to borrow money on the bonds of that district.

¶3The very able argument of counsel for appellants fails to convince us that these provisions are ultra vires. Section 112 of the constitution is, as we think, not violated, because, as uniformly held, it is not prohibitive of local assessments for local convenience, and as to the locality the assessment is equal and uniform, and, as we all agree, the act in fact makes a new county for court purposes.

¶4Affirmed.

/89/miss/206 · .json · Public domain