Town of Belzoni v. Luckett

Citations

• 109 Miss. 261
• 68 So. 171

Syllabus

<p>1. Fines. Illegal fines. Recovery hack.</p> <p>By statute (section 33.48, Code 1906), a municipality is authorized “to pass all ordinances, and to enforce the same by fine not exceeding one hundred dollars or imprisonment not exceeding thirty days or both.” ' Where a fine of two hundred and fifty dollars was imposed bv the mayor for the violation of a town ordinance, it was void as to the excess above one hundred dollars, and such excess, when paid under duress, may be recovered back from the city.</p> <p>2. Fine. Illegal fines. Recovery hack.</p> <p>Where, when a plaintiff paid a fine for violating a city ordinance in excess of that authorized by law, she was in custody and was told by the mavor that she would be sent to a convict farm if she did not get the money and pay the fine that day, such payment was made under duress and she could recover back the void part of the fine.</p>