Thomas v. Town of Long Beach

Mississippi Supreme Court
Thomas v. Town of Long Beach, 111 Miss. 329 (Miss. 1916)
71 So. 570
Smith

Thomas v. Town of Long Beach

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court .

The verdict of the jury finds no support in the evidence, for the reason that it is manifest from the evidence, in which there is no material conflict, when viewed in the light of the rule announced in Forbes v. Meridian, 86 Miss. 243, 38 So. 676, that neither the interests of the inhabitants of the town of Long Beach as it will remain in event the territory here in question shall be excluded therefrom, nor of the inhabitants of the territory here sought to he excluded,-will he in any wise conserved by the retention of such territory within appellee’s - corporate limits.

Reversed and remanded.

Reference

Cited By
7 cases
Status
Published
Syllabus
Municipal Corporations. Exclusion of territory. Interest of inhabitants. Evidence. Extension. Where the residents and property owners of territory embraced in an extension of a town, filed a petition under Code 1906, section 3307, to exclude such territory from the corporate limits of town, and it appears from the evidence, that neither the interest of the inhabitants of the town as it will remain in event the territory in question shall be excluded therefrom, nor of the inhabitants of the territory sought to be excluded, will in any wise be conserved by the retention of such territory within the corporate limits of the town. In such case the petition should be granted. ,