Sanders v. City of Starkville

Citations

• 128 Miss. 742
• 91 So. 422

Syllabus

<p>1. Municipal Corporations. Void provision of ordinance extending limits of city as to time of taking effect did not invalidate entire ordinance.</p> <p>A provision in an ordinance extending the corporate limits of a municipality that it shall take effect from and after its passage, being in conflict with the provisions of section 3302, Code of 1906 (section 5798, Hemingway’s Code), is invalid, but this does not render the entire ordinance invalid, and where the statutory requirements for the enactment, publication, and promulgation of such an ordinance have been complied with, it will become operative at the expiration of the time limit prescribed by said section 3302, Code of 1906, and it cannot be collaterally attacked by one who has waived his right of appeal from the action of the municipal authorities in passing the ordinance.</p> <p>2. Municipal Cokpokatioiís. Ordinance extending limits not subject to collateral attack by one who waived statutory right of appeal from ordinance. ¡</p> <p>An ordinance of a municipal corporation extending its corporate limits cannot be collaterally attacked, on the ground that its municipal authorities have not, as provided by section 3305, Code of 1906 (section 5801, Hemingway’s Code), inquired into the fact of publication and notice of the ordinance of extension, and adjudged that the same was made according to law, by one who has waived his right of appeal from the ordinance under section 3303, Code of 1906 (section 5799, Hemingway’s Code).</p>