Morris v. Town of Greenwood

Citations

• 73 Miss. 430

Syllabus

<p>1. Evidence. Municipal ordinance. PreUminary proof. Failure to object.</p> <p>Where no objection was made in the court below to the introduction in evidence of a writing as the ordinance of a municipality, such failure to object will be treated, on appeal, as a waiver of preliminary proof of the character of the writing.</p> <p>3. Criminal Law. Street tax. Delinquency.</p> <p>Where, in consideration of his keeping- in repair a certain street, an employer has been authorized, by contract with the authorities of a municipality, to collect and retain the street tax of twenty-five of his employees, payment of said tax to his employer by one of said employees will not relieve him of liability to the municipality therefor, when it appears that, for two years preceding his delinquency, the municipal authorities had, to his knowledge, refused to be bound by such contract, and had enforced payment of said tax by said employees to the proper municipal officer, a criminal prosecution not being a proper occasion for the settlement of matters of contract between third parties.</p>