Lay v. Shores

• Court: Mississippi Supreme Court
• Writing for the Court: COOK, P. J.
• Citation: Lay v. Shores, 112 Miss. 140, 72 So. 881 (Miss. 1916)
• Decision Date: 13 November 1916
• Docket Number: 19429
• Parties: LAY v. SHORES, PRESIDENT OF BOARD OF SUPERVISORS, ET AL

72 So. 881

112 Miss. 140

LAY v. SHORES, PRESIDENT OF BOARD OF SUPERVISORS, ET AL

No. 19429

Supreme Court of Mississippi

November 13, 1916

APPEAL from the chancery court of Tallahatchie county, HON. JOE A. MAY, Chancellor.

Suit by J. H. Lay against J. A. Shores president of board of supervisors and others. From a decree for respondents complainant appeals.

Appellant instituted a suit in chancery to enjoin the appellees from acting in their official capacity in issuing, executing, and delivering bonds of a road district of Tallahatchie county composed of supervisors' districts Nos. 4 and 5 of said county. From a decree sustaining a demurrer to the bill, this appeal is prosecuted.

Reversed and remanded.

Gary &amp Rice, for appellant.

A. E. Weinstain, W. R. Woods and J. M. Kuykendall, for appellees.

OPINION

COOK, P. J.

It is our opinion that all of the assignments of error save one are totally without merit. The record shows, that the notice given by the board of supervisors of their intention to issue the bonds in question did not measure up to the requirements of the statute. The notice required in this case is prescribed by section 2 of chapter 149, Laws of 1910. The notice in this case was published in three issues of the Tallahatchie Herald, a weekly newspaper of the county. The first publication was on May 4, 1916, the second, on May 11th, and the third, on May 18th. The notice was to the effect that the board of supervisors proposed to issue bonds to the amount of two hundred thousand dollars at its regular meeting on June 5th, if twenty per centum of the qualified electors did not, in the meantime, petition against the issuance...