McCool v. State ex Rel. Howie

16 Citing cases

  1. State, ex Rel. Attorney General v. Land

    231 Miss. 529 (Miss. 1957)   Cited 14 times
    Holding that chancery court's order concerning primary elections not binding on attorney general, since they were not parties to suit

    VI. Section 9, Chapter 10, Laws of the Extraordinary Session of 1953, is constitutional. Board of Trustees of University of Mississippi v. Waugh, supra; Burnham v. Sumner, 50 Miss. 517; McCool v. State, 149 Miss. 32, 115 So. 121; Miller v. State, supra; St. Louis S.F.R. Co. v. Benton County, supra; Wynn v. State, 67 Miss. 312, 7 So. 353; Sec. 4, Art. 8, Constitution 1869; Sec. 204, Constitution 1890. J.D. Guyton, John D. Guyton, Kosciusko; Helen J. McDade, DeKalb, for appellee.

  2. City of Jackson v. Bank Tr. Co.

    160 Miss. 752 (Miss. 1931)   Cited 45 times
    In City of Jackson v. Deposit Guaranty Bank Trust Co., 160 Miss. 752, 133 So. 195, a Mississippi statute exempted the surplus of banks from taxation until outstanding guaranty certificates were liquidated. Another Mississippi statute provided that, for the taxation of banks and banking capital, only the shares should be taxed according to their value, augmented by the accumulations of surplus and unpaid dividends, exclusive of real estate. The State of Mississippi had a compulsory guaranty fund to which all banks had to make contributions for the protection of depositors in failing banks.

    Where the Constitution deals with the subject its provisions cannot be enlarged or restricted by legislative enactment in the absence of the constitutional award for so doing; and where the Constitution enumerates powers granted or denied, it must be held to have named all of the powers so dealt with as being, with the necessary implications, the full limit of authority or restriction. McCool v. State ex rel. Howie, 115 So. 121. Under section 181 of Constitution banks and other monied corporations could be assessed as individuals, or assessed as banks.

  3. Lacey v. State ex Rel. Morgan

    187 Miss. 292 (Miss. 1940)   Cited 4 times

    No interpretatoin appears to us to be necessary. McCool v. State, 115 So. 121, 149 Miss. 82. The second question to be settled is whether the unconstitutional part of Section 6664, as amended by Chapter 222 of the Laws of 1938, can be separated from the constitutional part of it.

  4. State ex Rel. v. McLaurin

    159 Miss. 188 (Miss. 1930)   Cited 10 times
    In State ex rel Garrison v. McLaurin, 159 Miss. 188, 131 So. 89, this Court held: "The first case that seems to have held that duties continuing in their nature are essential to a public office is United States v. Maurice, 2 Brock, 96 Fed. Cas. No. 15,747, tried by Chief Justice Marshall, while on circuit, wherein he held that a public office was created by the delegation by Congress of public duties that were to continue indefinitely.

    The commissioners are not officers, because: They are employees to execute business involving discretion and no part of the state sovereignty is delegated. Wynn v. State, 67 Miss. 312, 7 So. 353; State v. Henry, 87 Miss. 125, 40 So. 152, 5 L.R.A. (N.S.) 340; McCool v. State, 149 Miss. 82, 115 So. 121; Vicksburg Meridian Ry. v. Lowry, 61 Miss. 102; State v. Dinkins, 77 Miss. 880, 27 So. 832; Woodberry v. McClurg, 78 Miss. 831, 29 So. 514; State v. Christmas, 126 Miss. 358, 88 So. 881; Lindsey v. Atty.-Gen., 33 Miss. 508, at 529; Shelby v. Alcorn, 36 Miss. 273; Hill v. Boyland, 40 Miss. 618; Brady v. Howie, 50 Miss. 607; Kierskey v. Kelly, 80 Miss. 803, 31 So. 901; Ellis v. Greaves, 82 Miss. 36, 34 So. 81; Monette v. State, 91 Miss. 662, 44 So. 989, 124 Am. St. Rep. 715; Yerger v. State, 91 Miss. 802, 45 So. 849; Section 3598, Code of 1906; State v. Nichols, 63 So. 1025; State v. McDowell, 111 Miss. 596, 71 So. 867; McClure v. Whitney, 120 Miss. 350, 82 So. ___; 22 R.C.L., page 374, section 5; 46 C.J. 968; 53 A.L.R. 587, et seq.; Bunn v. People, 45 Ill. Rep. 399; Shelby v. Alcorn, 36 Miss. 273; Leymel v. Johnson, 288 P. 860; Drury v. United States, 43 Court of Claims, 240; U.S. v. Hartwell, 6 Wall. 393; Rhoden v. Johnston, 181 S.W. (Mo.), 128-130; Mulnic v. Elliott, 156 Pac. (Colo

  5. Bruce v. Civil Service Board

    6 Cal.App.2d 633 (Cal. Ct. App. 1935)   Cited 21 times

    To their argument, there is the double answer that the position announced in the case last referred to, is contrary to the general rule as the same is laid down in the following cases: State ex rel. v. Holman, 58 Minn. 219 [59 N.W. 1006]; Gibbany v. Ford, 29 N.M. 621 [225 P. 577]; State ex rel. v. Howell, 104 Wn. 99 [175 P. 569]; McCool v. State ex rel., 149 Miss. 82 [ 115 So. 121]; further, section 73 does not purport to confer upon the board the power assumed for it by appellants, because it confers upon the board the power merely to make rules regulating the method of such examinations, and the rule, the adoption of which precluded the taking of an examination in this case, had nothing to do with the method of an examination, but rather was one the application of which was a denial of the privilege of competing in an examination. The question discussed in the briefs, as to whether the clause "able to read and write the English language", as found in section 88, establishes the minimum or maximum educational qualification for admission to the police department, would perhaps be of significant interest if section 88 of the charter stood alone and contained the only educational qualification.

  6. Walker v. Board of Supervisors

    224 Miss. 801 (Miss. 1955)   Cited 3 times

    oast Military Academy, 126 Miss. 729, 89 So. 617; Bullock v. Board of Suprs. Covington County (Miss.), 77 So. 662; Butterfield Lbr. Co. v. Guy, 92 Miss. 361, 46 So. 78; Chicago, R.I. P.R. Co. v. Robertson, 122 Miss. 417, 84 So. 449; Craig v. Dun Bradstreet, 202 Miss. 207, 30 So.2d 798; Gulf Rfg. Co. v. Stone, 197 Miss. 713, 21 So.2d 19, 24; Gunter v. Jackson, 130 Miss. 637, 94 So. 844; Hattiesburg Groc. Co. v. Robertson, 126 Miss. 34, 88 So. 4; Havens v. Hewes, 128 Miss. 650, 91 So. 397; Holmes County v. Black Creek Drainage Dist., 99 Miss. 739, 55 So. 963; Horton v. King, 113 Miss. 60, 73 So. 871; Huston v. Mayo, 120 Miss. 523, 82 So. 334; In re Steen, 160 Miss. 874, 134 So. 67, 79; Jackson v. Deposit Guaranty Bank Trust Co., 160 Miss. 752, 133 So. 195; Jackson v. Edwards House, 145 Miss. 135, 110 So. 231; Jefferson County v. Arrighi, 54 Miss. 668; Locke v. L.N. Dantzler Lbr. Co., 119 Miss. 783, 81 So. 175; Louisville Joint Stock Land Bank v. Radford, 295 U.S. 555, 79 L.Ed. 1593; McCool v. State, 149 Miss. 82, 115 So. 121; McDonald v. State Tax Comm., 158 Miss. 331, 130 So. 473; Magnolia Bank v. Bd. of Suprs., 111 Miss. 857, 72 So. 597, 699; Mississippi Mills v. Cook, 56 Miss. 40; Morris Ice Co. v. Adams, 75 Miss. 410, 22 So. 944; Murray v. Lehman, 61 Miss. 283; Notgrass Drug Co. v. State, 175 Miss. 359, 165 So. 884; Panola County v. Carrier, 92 Miss. 148, 152, 45 So. 426; Paxton v. Baum, 59 Miss. 531; Pearl River County v. Lacey Lbr. Co., 124 Miss. 85, 86 So. 755; Reed Bros. v. Lee County, 126 Miss. 162, 88 So. 504; Salter v. Bolivar County, 111 Miss. 867, 72 So. 700; Seal v. Donnelly, 60 Miss. 658; Thompson v. Consol. Gas Utilities Corp., 300 U.S. 55, 81 L.Ed. 510; Thompson v. Kreutzer, 112 Miss. 165, 72 So. 891; Thompson v. McLeod, 112 Miss. 383, 73 So. 193; Vicksburg Bank v. Worrell, 67 Miss. 47, 7 So. 219; Art. I Sec. 10(1), U.S. Constitution; Secs. 2890, 9746, 9889, Code 1942; Chap. 524, Local and Private Laws 1954. II.

  7. Nicholson v. Bd. of Miss. Com'rs

    203 Miss. 71 (Miss. 1948)   Cited 39 times
    In Nicholson, the Mississippi Supreme Court held that the taking of the landowner's right to remove trees from the levee was not necessary or useful in maintaining the levee.

    Applicable statutory provisions under which the Board of Mississippi Levee Commissioners acquired only an easement by condemnation. See Mississippi State Highway Commission v. Hillman, 189 Miss. 850, 198 So. 565; Richardson v. Board of Levee Com'rs, 68 Miss. 539, 9 So. 351; Board of Levee Com'rs v. Dillard, 76 Miss. 641, 25 So. 292; State Highway Commission v. Day, 181 Miss. 708, 180 So. 794; Joe Duck Kwong v. Board of Mississippi Levee Com'rs, 164 Miss. 250, 144 So. 693; Gowan v. State Highway Commission, 193 Miss. 365, 9 So.2d 637; Board of Levee Com'rs v. Nelms, 82 Miss. 416, 34 So. 149; Whelan v. Johnston, supra; Williams v. Patterson et al., 198 Miss. 120, 21 So.2d 477; Thornton v. Natchez, 88 Miss. 1, 41 So. 498; Soria v. Harrison County, 96 Miss. 109, 50 So. 443; State ex rel. Knox v. Speakes, 144 Miss. 125, 109 So. 129; State ex rel. Greaves v. Henry, 87 Miss. 125, 40 So. 152; McCool v. State, 149 Miss. 82, 115 So. 121; Code of 1942, Sec. 2760; Constitution of 1890, Sec. 233; Laws of 1865, Ch. 1; Laws of 1882, Ch. 276, Sec. 6; Laws of 1884, Ch. 169; Laws of 1897, Ch. 19; Laws of 1904, Ch. 92; 18 Am. Jur. 889, Sec. 251; Orgil on Valuation Under Eminent Domain, pp. 354, 355; 1 Nichols on Eminent Domain, pp. 688, 692; Bouvier's Law Dictionary, "right of way"; Ballentine's Law Dictionary, "right of way"; 37 Words Phrases (Perm. Ed.), pp. 662, 666.

  8. McLeod v. Civil Serv. Comm

    198 Miss. 721 (Miss. 1945)   Cited 18 times
    In McLeod v. Civil Service Commission of Jackson, 198 Miss. 721, 21 So.2d 916 (1945), a policeman's discharge was approved by the city's Civil Service Commission. The circuit court affirmed, and in this Court the case was reversed since the trial judge had not submitted the matter to a jury.

    x rel. Collins v. Jackson, 119 Miss. 727, 81 So. 1; Monette v. State, 91 Miss. 662, 44 So. 989; McClure v. City of Natchez, 151 Miss. 718, 118 So. 616, 618; Feemster v. Tupelo, 121 Miss. 733, 83 So. 804, 808; City of Pascagoula v. Krebs, 151 Miss. 676, 118 So. 286; Toombs v. Sharkey, 140 Miss. 676, 106 So. 273, 275; Clark v. State, 169 Miss. 369, 152 So. 820, 823; State ex rel. Knox v. Speakes, 144 Miss. 125, 109 So. 129, 132; Tiley v. Grenada Building Loan Ass'n., 143 Miss. 381, 109 So. 10, 16; State ex rel. Jordan v. Gilmer Grocery Co., 156 Miss. 99, 125 So. 710; Cox v. Wallace, 100 Miss. 525, 56 So. 461; City of Jackson v. Deposit Guaranty Bank, Trust Co., 160 Miss. 752, 133 So. 195, 197; Memphis C.R. Co. v. Bullen, 154 Miss. 536, 121 So. 826, 829; State ex rel. Knox v. Sisters of Mercy, 150 Miss. 559, 115 So. 323; Bank of Philadelphia v. Posey, 130 Miss. 530, 825, 192 So. 840, 95 So. 134; Wisconsin Lumber Co. v. State, 97 Miss. 571, 54 So. 247; Leavenworth v. Claughton, supra; McCool v. State, 149 Miss. 82, 115 So. 121; Lacey v. State ex rel. Morgan, 187 Miss. 292, 192 So. 576; State ex rel. Garrison v. McLaurin, 159 Miss. 188, 131 So. 89; Moore v. Tunica County, 143 Miss. 821, 107 So. 659, 662; Mobile County v. State, 197 So. 6, 7; Reynolds v. Collier, 204 Ala. 38, 85 So. 465; State ex rel. v. Armstrong, 315 Mo. 298, 286 S.W. 705; Reals v. Courson, 319 Mo. 1193, 164 S.W.2d 306, 309; Leonard v. Maintenance Dist., 187 Ark. 599, 61 S.W.2d 70; Marbut v. Hollingshead, 172 Ga. 531, 158 S.E. 28, 30; Gandy v. Elizabeth City County, 197 Va. 340, 19 S.E.2d 97; Thomas v. Collins, supra; Schneider v. Irvington, 308 U.S. 147, 84 L.Ed. 155; Cantwell v. Connecticut, 310 U.S. 296, 84 L.Ed. 1213, 128 A.L.R. 1352; Prince v. Massachusetts, 321 U.S. 158, 88 L.Ed. 645; DeJonge v. Oregon, 299 U.S. 353, 364, 81 L.Ed. 278, 283; Thornhill v. Alabama, 310 U.S. 88, 102, 103, 84 L.Ed. 1093, 1102, 1103; Senn v. Tile Layers Pro. Union, 301 U.S. 468, 478, 81 L.Ed. 1229, 1236; Hague v. C.I.O., 307 U.S. 496, 83 L.Ed. 1423; Hitchm

  9. Bishopric v. City of Jackson

    196 Miss. 720 (Miss. 1944)   Cited 16 times

    Feemster v. City of Tupelo, 121 Miss. 733, 83 So. 804, claimed to be improperly overruled, is not controlling. Bishopric et al. v. City of Jackson et al. (Miss.), 15 So.2d 436; Feemster v. City of Tupelo, supra; Monette v. State, 91 Miss. 662, 44 So. 989; City of Pascagoula v. Krebs, 151 Miss. 676, 118 So. 286; Toombs v. Sharkey, 140 Miss. 676, 106 So. 273, 275; Clark v. State, 169 Miss. 369, 152 So. 820, 823; State ex rel. Knox v. Speakes, 144 Miss. 125, 109 So. 129, 132; Yazoo M.V.R. Co. v. Southern Ry. Co., 83 Miss. 746, 36 So. 74; Love v. Holmes, 91 Miss. 535, 44 So. 835; McCool v. State ex rel., 149 Miss. 82, 115 So. 121, 125; City of Jackson v. Whiting, 84 Miss. 163, 36 So. 611; Yazoo City v. Lightcap, 82 Miss. 148, 174, 33 So. 949; Adams v. Kuykendall, 83 Miss. 571, 35 So. 830; State ex rel. Jordan v. Gilmer Grocery Co., 156 Miss. 99, 125 So. 710; Miller v. Tucker, 142 Miss. 146, 105 So. 774; Southern Coal Co. v. Yazoo Ice Coal Co., 118 Miss. 860, 80 So. 334; Board of Supervisors of Warren County v. Cowan McCabe, 60 Miss. 876; Beall v. Board of Sup'rs, Warren County, 191 Miss. 470, 3 So.2d 839; Carothers v. Town of Booneville, 169 Miss. 511, 153 So. 670; Albritton v. City of Winona, 181 Miss. 75, 178 So. 799, 115 A.L.R. 1436; Mississippi Building Loan Ass'n v. McElveen, 100 Miss. 16, 29, 56 So. 187; Davenport v. Blackmur, 184 Miss. 836, 186 So. 321; Reynolds v. Collier, 204 Ala. 38, 85 So. 465; Code of 1906, Sec. 3358; Mississippi Constitution, Secs. 88, 178, 199, 200, 299; Laws of 1900, Chap. 134, p. 173; Laws of 1914, Chap. 147; Laws of 1918, Chap. 290; Local Private Laws of 1926, Chap. 505; Laws o

  10. Meador v. Mac-Smith Garment Co.

    188 Miss. 98 (Miss. 1939)   Cited 7 times
    Recognizing discretion in board to determine "new industry" status

    Section 19 of the act is amended by Chapter 18 of the laws of the Second Extraordinary Session of 1936 which undertakes to grant exemption to all ad valorem taxes to all new enterprises, but the act does not "prescribe the mode and manner in which the right to such exemption shall be determined", as is made mandatory by Section 182 of the Mississippi Constitution. McCool v. State, 149 Miss. 82, 104; State v. Henry, 87 Miss. 125, 40 So. 152, 5 L.R.A. (N.S.) 340. The Mac-Smith Garment Company did not establish a new enterprise of public utility.