Watson v. Doherty

Mississippi Supreme Court April 15, 1879

Watson v. Doherty, 56 Miss. 628 (Miss. 1879)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

The act entitled “An act to ascertain the outstanding indebtedness of Yazoo County,” etc., passed January 31, 1876 *631(Sess. Acts, p. 302), was a valid exercise of legislative power. It has an authoritative precedent in the case of Tarpley v. Hamer et al., 9 Smed. & M. 310, in which an act passed on the 6th of February, 1841, which deprived precedent judgments of their lien unless, by the 1st of July thereafter, an abstract of such judgments should be filed in the office of the clerk of the Circuit Court of the county in which the property was situated, was held to be constitutional.

The principle on which this decision rests has been repeatedly announced in this court, and has general recognition in the Federal and State courts. It is too ivell settled to be questioned.

Judgment affirmed.

Reference

Full Case Name: G. J. Watson, Administrator v. P. M. Doherty, Treasurer, etc.
Cited By: 2 cases
Status: Published
Syllabus: County Warrants. Statute of Limitations. Five months for registration. Constitutional law. An act of the Legislature, passed on the 31st of January, 1876, to take effect from its passage, entitled “An act to ascertain the outstanding indebtedness of Yazoo County, and for other purposes,” which provided that all persons holding unpaid warrants, certificates of indebtedness, or claims of any kind, issued or allowed prior to the first daj7 of January, 1876, against said county, should present the same to the county treasurer on or before the first Monday of July, 1876, to be registered by him in a book kept for that purpose, and that all such warrants, certificates of indebtedness, and claims not presented and registered within the time prescribed should be forever barred, is constitutional and valid.