Ross v. Wimberly

Citations

• 60 Miss. 345

Syllabus

<p>1. Municipal Corporation, Debts. Reincorporation.</p> <p>If a town is reincorporated with the same name and substantially the same powers as before, but with some excision of population and territory, the effect is not to extinguish the debts of the original corporation, but to leave them subsisting as valid obligations against the new one. Port Gibson v. Moore, 13 Smed. & M. 157, overruled.</p> <p>2. Sams. Ministerial officer. Salary. Misnomer.</p> <p>Although under the old charter there was no such officer as marshal, a constable who performed the duties of this officer as subsequently defined in the new charter, is entitled to allowances made him by the town authorities for his services, and does not lose his rights by the misnomer of calling him marshal</p> <p>3. Same. Allowance. Lost records. Mandamus.</p> <p>It being shown that the records of the Board of Mayor and Aldermen were lost, or destroyed, it will be presumed that their order allowing the salary was in ' pursuance of a previous ordinance authorizing this course, and mandamus will compel the issuance of warrants on the town treasury in the constable’s-favor.</p>