Jennings v. Coahoma County
Jennings v. Coahoma County
Opinion of the Court
delivered tbe opinion of tbe court.
Martin Jennings, a resident citizen of Tennessee, after the first of April, 1900, came into the state of Mississippi, and brought with him his levee camp outfit, consisting of 69 mules, 24 wheeled vehicles and some other articles of personal property, and also a small store stock of goods, of tbe value of $250. None of this nroperty was liable to taxation for that year, because not brought into the state before February 1,
If Jennings had no right to apply to the board for a correction of his assessment, he would have to suffer a wrong without fault on his part, and without remedy; but we think his application to the board of supervisors is a remedy authorized in this case, and, if the facts be as alleged, the board should give the proper remedy. This remedy is supported, as we think, by Simmons v. Scott Co., 68 Miss., 37 (8 So. Rep., 259). The reference in that case by the learned judge to § 2351, instead of to § 504, code 1880, perhaps misled-the court below. The insistence there was that Simmons should have appealed in August from the assessment complained of; that is, that his application for the correction of his assessment was too late. The question of whether the appeal to the circuit court should be taken by bill of exceptions, or by giving the required bond, was not a debated question; and the reference to § 2351, code 1880, was perhaps inadvertently made.
Section 80, code 1892, governs the method of an appeal from the board of supervisors to the circuit court where a tax matter
Reversed and remanded.
Reference
- Full Case Name
- Martin Jennings v. Coahoma County
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- 4 cases
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- Syllabus
- 1. Taxation. Assessment. Property brought into state. Stoclcs of mer-dha/ndise. Laws 1896, oh. 38, p. 55. Property, other than stocks of merchandise, brought into the state after February 1 of any year is not taxable for that year; stocks of merchandise so brought into the state are made liable for a proportionate part of the current year’s taxes by chapter 38, laws 1896. (Laws 1896, p. 55.) 3. Same. Belief. Code 1893, l 3799. Personal property. Code 1893, § 3799, authorizing the board of supervisors to grant relief from wrongful assessments, applies to an assessment of personal as well as of real property. 3. Appeal. Board of supervisors. Assessments. Code 1893, \\\\ 79, 80. Code 1893, § 79, authorizing appeals to the circuit court from judgments of the board of supervisors, applies to appeals generally, while code 1893, § 80, on the same subject, regulates appeals from judgments relating to assessments of property for taxation. 4. Same. Simmons v. Scott Gownty, 68 Miss., 37, explained.