Donnelly v. Scarborough
Mississippi Supreme Court
Donnelly v. Scarborough, 91 Miss. 584 (Miss. 1907)
46 So. 404
Mayes
Donnelly v. Scarborough
Opinion of the Court
delivered tbe opinion of tbe court.
By ch. 214, Laws 1908, ch. 167, p. 185, Laws 1906, providing' for tbe division of Harrison county into two circuit and chancery court districts, is repealed. Tbe district authorized by tbe act of 1906 to be created never bad any but a potential existence, and it was perfectly within tbe power of the Legislature to repeal tbe act at tbe time it did; and sec. 260 of the Constitution of- 1890 was in no way violated. This being tbe case, there is now nothing presented by this record for us to consider, as its base has been withdrawn. For tbe reasons indicated in this opinion, we approve only tbe result reached by tbe court below.
The case is therefore affirmed.
Reference
- Full Case Name
- George T. Donnelly v. John Scarborough
- Status
- Published
- Syllabus
- 1. Statutes. Repeals. Laws 1906, eh. 167, p. 185. Laws 1908, ch. 214, p. 216. Harrison county. Division into court districts. Constitution 1890, § 260. Laws 1906, ch. 167, p. 185, authorizing an election to determine whether Harrison' county should he divided into two court districts was subject to and was repealed by Laws 1908, ch. 214, p. 216, enacted after the election, but before determination and promulgation of the result thereof, and- Constitution 1890, § 260, providing that “ the boundary of a judicial district in a county shall not be changed, unless, at an election held for that purpose, etc.,” has no application. 2. Same. Supreme court. practice. Where an appellant’s rights are wholly dependent upon a repealed statute, the supreme court will not reverse the judgment appealed from, although rendered before the repeal of the statute.