Leflore County v. Cannon
Mississippi Supreme Court
From the chancery court of Leflore county. Hon. A. Mo. Kimbrough, Chancellor. . Cannon and others, appellees, were complainants, and Leflore county, appellant, was defendant in the court below. From a decree overruling a demurrer to the bill of complaint the defendant appealed to the supreme court..
Read the full summary
From the chancery court of Leflore county. Hon. A. Mo. Kimbrough, Chancellor. . Cannon and others, appellees, were complainants, and Leflore county, appellant, was defendant in the court below. From a decree overruling a demurrer to the bill of complaint the defendant appealed to the supreme court.. The bill averred that one Jones and others had filed a petition with the board of supervisors of the county asking that a bridge across Burr bayou, on a public road, be replaced with a dam across that stream, because it was unsafe and impracticable to maintain a bridge there, and asking the board…
1Opinion of the CourtCalhoon, J.
‘£Aqua currit et debet ourrere ut ourrere solebat, ” is a maxim as old as the common law on waters. This record shows that the board was about to dam up a stream known as ‘ ‘ Burr bayou, ’ ’ where the water, left alone, would run as it ought to run, and was used to run from time immemorial. By this dam irreparable injury would have been inflicted, as the bill charges and the demurrer admits, on the complainants. Under our constitution and laws neither municipalities, nor counties, nor the sovereign state itself can damage the humblest individual, in violation of the maxim except in the lawful…
2Cited by13 opinions
- Dolezal v. BostickSupreme Court of Oklahoma · 1914
- Jones v. GeorgeMississippi Supreme Court · 1921
- Indian Creek Drainage Dist. No. 1 v. GarrottMississippi Supreme Court · 1920
- Lamar County v. TallyMississippi Supreme Court · 1917
- Board of Supervisors v. Carrier Lumber Co.Mississippi Supreme Court · 1912
8 more not listed; retrieve them via the Exa API.