McBride v. State Revenue Agent

Citations

• 70 Miss. 716

Syllabus

<p>1. Chancery Jurisdiction. Fraudulent conveyances. Constitution 1890, § 159. Code 1880, 2 1843.</p> <p>Section 159, constitution 1890, by conferring on the chancery court jurisdiction in all cases of which it had jurisdiction when the constitution was put in operation, confirmed in that court the jurisdiction it possessed under # 1843, code 1880, of bills exhibited by creditors without judgment to set aside fraudulent conveyances and other devices to hinder and delay creditors. Such jurisdiction is not affected by § 31 of the said constitution, declaring that the right of trial by jury shall remain inviolate.</p> <p>2. Same. Vaeatiny collusive attachments. Semedy at law.</p> <p>Accordingly, such creditors may proceed in the chancery court to vacate attachments fraudulently sued out through collusion with the debtor, and to subject the attached property to their demands, and this though, by statute, they have a remedy at law by intervening and contesting the attachments. Cogbnrn v. Pollock, 54 Miss., C39.</p> <p>3. Constitutional Law. Penalties. “Due process of law.” Const. 1890, § 14.</p> <p>A legislative act providing for the infliction of a penalty and its collection by summary process, without a judicial proceeding adjudicating the liability, is taking private property without due process of law, and is therefore unconstitutional. Const. 1890, $ 14.</p> <p>4. Same. Sale of liquors. Penalty. Code 1892, \\ 1590, unconstitutional.</p> <p>Section 1590, code 1892, in providing that any person unlawfully selling or giving away liquors shall be liable to the state, 'town and county, each in the sum of $500, imposes a penalty, not a tax. And so much of the section as provides that the sheriff or state revenue agent can assess and collect such penalties by distress is unconstitutional, being within the prohibition of 2 14, constitution 1890, against depriving of property without due process of law.</p> <p>5. Same. Revenue agent. Action for penalties. Code 1892, ? 1590.<