Ball v. City of Meridian

Mississippi Supreme Court October 15, 1889

Ball v. City of Meridian, 67 Miss. 91 (Miss. 1889)

Bar, Been, Below, Campbell, Counsel, Takes, Woods

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

According to the averments of the bill no valid charge was ever fixed upon the lands of the complainants because of the illegal and unwarranted method pursued by the municipal authorities in attempting to fix such charge, and as there was no legal charge upon the lands it was not incumbent on the complainants to pay, or offer to pay, anything as a condition of relief.

JReversed and demurrer overruled with leave to answer in thirty days after mandate herein filed in the court below.

Woods, C. J., having been of counsel, in the court below, while at the bar, takes no part in this decision.

Reference

Full Case Name: John T. Ball v. City of Meridian
Cited By: 1 case
Status: Published
Syllabus: Taxes : Illegally Laid. Municipal corporation. Injunction. Tender, when unnecessary. If by reason of illegal proceedings on the part of municipal authorities in attempting to assess and levy taxes no valid charge is fixed, the owner of land sought to be bound may enjoin collection of such taxes, and need not as a condition of relief pay or offer to pay the amount that would be due if the assessment and levy had been legally made. See City of Meridian v. Ragsdale, ante, page 86’.