Neville v. Adams County

Citations

• 123 Miss. 413
• 86 So. 261

Syllabus

<p>1/ Injunction. Constitutionality of law under which Governor appointed auditor to audit hooks of county official should he raised on allowance of his account for service.</p> <p>Where the Governor appointed an auditor under the provisions of section 2388, Code of 1906 (Hemingway’s Code, section 4780), and chapter 241, Laws of 1914 (Hemingway’s Code, section 4783), to audit the books of county officers, an injunction should not “issue to restrain the auditor from presenting an account for his services and to restrain the circuit judge from approving the auditor’s account for services in such auditing before the completion of the audit. The proper remedy is for the board to raise the questions when the account for services is presented to them for allowance, when the sufficiency of the petition for the appointment of an auditor and the constitutionality of the law may be raised and passed on.</p> <p>2. Constitutional law.. Constitutionality of statute will not he determined, except when necessary in a proper action.</p> <p>The constitutionality of chapter 241, Laws of 1914, will not be considered or passed on by this court until a proper suit or action is brought, nor then unless necessary to a disposition of the cause.</p>