Craft v. DeSoto County
Mississippi Supreme Court
Prom the circuit court of DeSoto county. IToN. PereiN IT. Lowrey, Judge. Appeal by Thomas Craft, Jr., from a judgment of the circuit court affirming a decision of the board of supervisors of DeSoto county. . At the November, 1900, meeting of the board of supervisors of DeSoto county, J. N. Brown and fifty-nine others filed a petition with said board for the opening of a county road from Olive Branch, three miles west, between sections 28 and 33, 29 and 82, 80 and 31. Said…
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Prom the circuit court of DeSoto county. IToN. PereiN IT. Lowrey, Judge. Appeal by Thomas Craft, Jr., from a judgment of the circuit court affirming a decision of the board of supervisors of DeSoto county. . At the November, 1900, meeting of the board of supervisors of DeSoto county, J. N. Brown and fifty-nine others filed a petition with said board for the opening of a county road from Olive Branch, three miles west, between sections 28 and 33, 29 and 82, 80 and 31. Said petition did not show that the signers thereof were freeholders or householders of said county. Appellant, Craft, resisted…
1Opinion of the CourtTbeeal, J.
The authority of the board of supervisors, under ch. 117, code 1892, to lay out and open public roads, is a special statu lory authority, not according to the course of the common law, and it must be strictly pursued. In such case it is essential that the jurisdictional facts appear of record, and, unless they so appear, the proceeding will be void. 7 Enc. Pl. & Prac., 467 et seq.; 12 Am. & Eng. Enc. Law, 271; White v. Railroad Co., 64 Miss., 566 (1 So. Rep., 730); Board v. Allen, 60 Miss., 93; Madden v. Railway Co., 66 Miss., 258 (6 So. Rep., 181). There is nothing in the record to show that…
2Cases cited4 opinions
- Sullivan v. Board of SupervisorsMississippi Supreme Court · 1881
- Madden v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1889
- Board of Levee Commissioners v. AllenMississippi Supreme Court · 1882
- White v. Memphis, Birmingham & Atlantic RailroadMississippi Supreme Court · 1886
3Cited by13 opinions
- COLEMAN, ATTY. GEN. v. ShippMississippi Supreme Court · 1955
- Ferguson v. Board of Sup'rsMississippi Supreme Court · 1928
- Adams v. First National BankMississippi Supreme Court · 1912
- Gill v. WoodsMississippi Supreme Court · 1969
- Aden v. Board of Sup'rsMississippi Supreme Court · 1926
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