Poythress v. Mobile & Ohio Railroad
Mississippi Supreme Court
From the chancery court of Lauderdale county. PIon. James L. McOaskill, Chancellor. Poythress and another, appellants, were complainants in the court below; the railroad company and the city of Meridian, appellees, were defendants there. From a decree in favor of defendants the complainants appealed to the supreme court.
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From the chancery court of Lauderdale county. PIon. James L. McOaskill, Chancellor. Poythress and another, appellants, were complainants in the court below; the railroad company and the city of Meridian, appellees, were defendants there. From a decree in favor of defendants the complainants appealed to the supreme court. The complainants were the owners of lot 12, of block 25, of the Caldwell survey of the city of Meridian, on which they had a storehouse and were engaged in the mercantile business. The storehouse faced Second street to the south and Twenty-Seventh avenue on the east. The…
1Opinion of the CourtMates, J.
Annotated Code 1892, § 2945 (Code 1906, § 8336), empowers the municipality to vacate any street, or alley, or any portion thereof. This controversy arose under the law as it stood under the Code of 1892; but, even if this were not the case, Pothress is not an abutting landowner upon this street, entitling him to have compensation first made to him before the closing of the street; within the meaning of Code 1906, § 3336, as he owns no property abutting the closed portion. Cram v. City of Laconia, 71 N. H., 41, 51 Atl., 635, 57 L. R. A., 282.
We are unwilling to hold that a municipality cannot…
2Cases cited2 opinions
- Cram v. LaconiaSupreme Court of New Hampshire · 1901
- City of Laurel v. RowellMississippi Supreme Court · 1904
3Cited by11 opinions
- Town of Clinton v. TurnerMississippi Supreme Court · 1909
- Puyper v. Pure Oil Co.Mississippi Supreme Court · 1952
- City of Jackson v. WelchMississippi Supreme Court · 1924
- Collins v. Mississippi State Highway CommissionMississippi Supreme Court · 1958
- BOARD OF M. & A. OF YAZOO CITY v. WilsonMississippi Supreme Court · 1958
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