Mobile & Ohio R. R. v. Trapp

Citations

• 119 Miss. 170
• 80 So. 553

Syllabus

<p>1. Highways. Bonds. Statutes.</p> <p>The issue of bonds under chapter 149 of the Laws of 1910, with amendments thereto (Hemingway’s Code, sections 7158-7178), providing for improvements of selected highways, does not repeal a previous order of the board of supervisors to work and maintain these roads under chapter 257 of the Laws of 1912, with the amendments thereto (Hemingway’s Code, sections 7151-7154), providing for general road improvements. There being no conflict between these statutes, the road district could be operated at the same time under both laws.</p> <p>2. Highways. Bonds. Tax levy. Action to enjoin collection. Pleading.</p> <p>Under the facts in this case which was a proceeding to recover road taxes paid and to enjoin the collection of others, the court held that the bill and exhibits showed that the tax levied under Hemingway’s Code, section 7152, was general and for all the roads in the two districts and within the rate limit provided' therein, and was not intended for use on selected highways provided for under sections 7157-7178, Hemingway’s Code, and not limited to a one-mill rate by section 7163. .</p>