Commissioners of Camp Creek Drainage District v. Johnston
Mississippi Supreme Court
Appeal from the circuit court of De Soto county. Hon. N. A. Taylor, Judge. Proceedings for the establishment of the Camp Creek Drainage District, to which J. S. Johnston and others protested. From a judgment of the circuit court affirming the order of the board of supervisors in favor of the protestants, the commissioners of the proposed district appeal.
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Appeal from the circuit court of De Soto county. Hon. N. A. Taylor, Judge. Proceedings for the establishment of the Camp Creek Drainage District, to which J. S. Johnston and others protested. From a judgment of the circuit court affirming the order of the board of supervisors in favor of the protestants, the commissioners of the proposed district appeal. At the August, 1916, meeting of the board of supervisors of De Soto county there was presented to said board a petition praying the establishment of a drainage district under the provisions of chapter 198 of the Laws of 1912. The petition…
1Opinion of the CourtSmith, C. J.
The recital in the order of the board of supervisors that the petition praying for the formation of the drainage district had been signed by the necess.ary number of landowners owning the necessary quantity of land, when the contrary was the fact, did not confer jurisdiction upon the board to proceed with the organization of the district (Supervisors v. Buckley, 85 Miss. 713, 38 So. 104), and inquiry into the legality of the proceedings by which the formation of the contemplated district was begun, when the report of the engineer and commissioners comes on to be heard, is expressly authorized…
2Cases cited1 opinion
- Simpson County v. BuckleyMississippi Supreme Court · 1904
3Cited by1 opinion
- Town of North Carrollton v. Town of CarrolltonMississippi Supreme Court · 1916