Mississippi Supreme Court, 1900

Dollar v. Allen-West Commission Co.

Mississippi Supreme Court · Decided October 15, 1900 · Calhoon

78 Miss. 274

Cases that cite this one

3 later published cases cite this decision.

City of Natchez v. Craig (Miss. 1941)
Duval County v. Charleston Lumber & Manufacturing Co. (Fla. 1903)
Clarksdale Compress Co. v. Caldwell Co. (Miss. 1902)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

A county, if its board of supervisors object, cannot be garnisheed, either at law or in equity. If it does not object, the debtor cannot object. But in the case before us it did object,, *278and so Dollman v. Moore, 70 Miss., 267, s.c. 12 So., 23, 19 L. R. A., 222, has no application. The two cases are entirely disparata. While the matter is not jurisdictional, in the discretion of the court, so as to prevent decree where the board submits itself to the jurisdiction, the courts must always, in the nature of things, entertain and sustain its objection. The board, and not the court, is the judge of whether the proceedings will ‘ ‘ hamper or restrict it in the performance of public functions,” in the language of Justice Cooper.

Reversed, and bill dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.