Smith, 021180 MSAGO, 19800211

Docket Nº:19800211
Case Date:February 11, 1980
Court:South Carolina
Honorable Eb W. Smith,
No. 19800211
Mississippi Attorney General Opinions
February 11, 1980
          Municipalities — Legal Notices          Honorable Eb W. Smith          Mayor of the City of Hernando          190 Commerce Street          Hernando, Mississippi 38632          Dear Mayor Smith:          Attorney General Bill Allain has received your letter and has assigned it to me for research and reply.          Your letter states:
         “This is a request for Attorney General's opinion for and in behalf of the City of Hernando, DeSoto County, Mississippi, in reference to the following:          “There are two (2) newspapers that are qualified to run legal advertisements in DeSoto County, Mississippi. Both newspapers being qualified under the provisions of Mississippi Code Annotated, Section 13-3-31 (Cumm. Supp. 1979). One of the newspapers has its principal business office for the newspaper in the City of Hernando and the other one has a branch office in the City of Hernando, but its principal place of business or office is in another town in the County. Both newspapers have a large circulation in the City of Hernando. It is my understanding that there is a larger list of subscribers in the City of Hernando for the paper located in the other town, having a branch office in Hernando, within the City than does the local paper.          “With reference thereto, since both papers are qualified to run legal notices in the County, and since both papers have a wide circulation in the City, is it permissible to run legal advertising for the City in the newspaper that does not have its principal office in the City, but complies with all other requirements and qualifications for legal advertising.          “I have been unable to find any particular case in point or statute in point in reference to this matter.”
         The cited Section 13-3-31 provides in part:          “ § 13-3-31 . Publication—in what newspaper.
         (1)-Whenever it is required by law that any summons, order, citation, advertisement or other legal notice shall be published in a newspaper in this state, it shall mean, in addition to any other requirements imposed by law, publication in some newspaper which:          (a) Maintains a general circulation predominantly to bona fide paying subscribers within the political subdivision within which publication of such legal notice is required. The term 'general circulation' means numerically substantial,

To continue reading