Legal Opinion

Wheeler v. Bogue Phalia Drainage District

Mississippi Supreme Court

Decided March 15, 1914Published

Appeal from the chancery court of Washington county. Hon. E. N. Thomas, Chancellor. Drainage proceedings by the Bogue Phalia District. .Erom a decree confirming an assessment by the drainage cohimissioners, Wheeler & Sibler appealed and the decree having been affirmed (64 So. 375) and a suggestion of error overruled without a written opinion, appellants-moved for an order and certificate that a Federal constitutional question was raised on the suggestion of error, for the…

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Appeal from the chancery court of Washington county. Hon. E. N. Thomas, Chancellor. Drainage proceedings by the Bogue Phalia District. .Erom a decree confirming an assessment by the drainage cohimissioners, Wheeler & Sibler appealed and the decree having been affirmed (64 So. 375) and a suggestion of error overruled without a written opinion, appellants-moved for an order and certificate that a Federal constitutional question was raised on the suggestion of error, for the purpose of appealing to the United States supreme court. 'The facts are fully stated in the opinion of the court.

1Opinion of the CourtSmith, C. J.

' At the last term of this court the decree of the court .below in this cause was affirmed (64 So. 375), and appellants afterwards filed a suggestion of error, one of the-grounds of which was that the statute as construed by the-court' violated the first section of the fourteenth amendment to the Constitution of the United States. This sug-gésti'on of error was overruled without a written opinion. Appellants now come and move—

“the court for an order and certificate that the suggestion of error filed herein and passed upon by the court raised the question of the constitutionality of the…

2Cases cited1 opinion

  1. Wheeler v. Bogue Phalia Drainage DistrictMississippi Supreme Court · 1913

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