83 So. 4 | Miss. | 1919
delivered the opinion of the court.
This is an appeal from decree dismissing a bill exhibited by the appellants against the appellees; the cause having been heard on bill, answer, and proof.
It appears from the record that the appellants are, and have been since 1909, engaged in the mercantile business in Hazlehurst Mississippi, which municipality was classified as a city by proclamation of the Governor
In December, 1916, this court held in the case of Smith v. Perkins, 112 Miss. 870, 73 So. 797, and again in Johnson v. Long Furniture Co., 113 Miss. 373, 74 So. 283, that 'merchants doing. an undertaking business are liable for the privilege tax imposed thereon by section 3791, Code of 1906 (section 6494, Hemingway’s Code). In February, 1917, the tax collector of Copiah county was proceeding under the direction of the. revenue agent to collect from the appellants the taxes due by them on their coffin and undertaking business for the years 1914, 1915, and 1916, and also the damages imposed by section 3901, Code of 1906 (section 6630, Hemingway’s Code), for the failure to pay privilege taxes when they became due, whereupon the .bill here in question was filed, by which it is sought to enjoin the collection of the damages; the liability of the appellants for the payment of taxes being admitted.
Affirmed.