Hinton v. Perry County

Citations

• 84 Miss. 536

Syllabus

<p>1. Counties. Injunctions. Dissolution. Damages. Solicitor's fees.</p> <p>Solicitors’ fees are allowable as damages upon the dissolution of an injunction restraining the board of supervisors of a county from removing a comny seat.</p> <p>2. Board op Supervisors. Judgments. Collateral attack.</p> <p>Defects in the proceedings and judgments of a board of supervisors, not jurisdictional in their nature, are unavailing in a collateral proceeding to defeat the action of the board.</p> <p>3. Same. Limited jurisdiction. What record to show.</p> <p>In matters in which the board of supervisors have limited jurisdiction its record must show jurisdictional facts, but need not set out the evidence thereof.</p> <p>4. Same. Fraud. Corruption.</p> <p>Any judgment of the board of supervisors may be attacked on the ground of fraud or corruption when seasonably set up and pleaded.</p> <p>5. Legislature. Power. Constitutional laws.</p> <p>The legislature has all political power not denied it by the state or national constitution.</p> <p>6. Constitution 1890, Sec. 260. Laws 1902, p 172. Seat of justice of coivnty. Judicial district.</p> <p>Laws 1902, p. 172, providing for an election to determine the question of tne removal of the seat of justice of the first judicial ^ district of Perry county, is not violative of nor affected by Constitution 1890, sec. 260, prohibiting the change of the boundaries of county judicial districts except as therein specified.</p> <p>7. Same. Constitution 1890, gee. 259.</p> <p>Constitution 1890, sec. 259, providing that no county seat shall be removed unless authorized by two-thirds of the electors voting therefor, but that where the removal is towards the center of the county it may be made if a majority of the electors voting shall vote therefor, most probably has no application to an act, like Laws 1902, p. 172, providing for an election to determine the question of removal of a seat of justice of one of the judicial districts of a county having two