Jackson County v. Neville
Mississippi Supreme Court
Jackson County v. Neville, 123 Miss. 571 (Miss. 1920)
86 So. 353
Holden
Jackson County v. Neville
Opinion of the Court
delivered the opinion of the court.
This suit involves the question of the premature issuance of an injunction against the approval and presentation of a claim for auditing the books of the county by an auditor appointed for that purpose by the Governor. The case comes clearly within the rule announced in Neville v. Adams County, 86 So. 261, and is controlled by it.
Affirmed.
Reference
- Status
- Published
- Syllabus
- Injunction. Constitutionality of lata under which Governor appointed auditor not be raised by injunction. Where the Governor appointed an auditor under Code 1906, section 2388, and Laws 1914, chapter 241, to audit the boohs of county officers, an injunction should not issue .to restrain the auditor from presenting an account for his services and to restrain the circuit judge from approving the auditor’s account for services in such auditing before the completion of the audit; the proper remedy being for the board to raise the question when the account is presented for allowance, when the sufficiency of the petition and the constitutionality of the law may be raised and passed on.