Garner v. Webster County
Mississippi Supreme Court
From tbe circuit court of Webster county. Hour. John B. ENOCHS, Judge, presiding by exchange. Garner, appellant, was plaintiff in tbe court below; Webster county, appellee, was defendant there. At tbe December, 1899, meeting of tbe board of supervisors of Webster county, certain citizens of tbe county presented their petition to tbe board asking that proceedings be bad to establish a part of said county into a stock law district.
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From tbe circuit court of Webster county. Hour. John B. ENOCHS, Judge, presiding by exchange. Garner, appellant, was plaintiff in tbe court below; Webster county, appellee, was defendant there. At tbe December, 1899, meeting of tbe board of supervisors of Webster county, certain citizens of tbe county presented their petition to tbe board asking that proceedings be bad to establish a part of said county into a stock law district. Tbe board, acting under cb. 11 of tbe laws of 189J, passed an order declaring tbe lands described in tbe petition a stock law district, which stock law district is…
1Opinion of the Court
Terral, L,
delivered the opinion of the court.
The board of supervisors of Webster county, in proceeding to establish a stock law district in that county, were not acting under the constitutional power conferred upon them by sec. 1Y0 of the constitution, but were exercising a merely statutory power under ch. 1Y of the laws of 189Y. Therefore, its record in this respect must be governed by the rules of law applicable to courts of special and limited jurisdiction, and the rule applies that the jurisdictional facts must appear of record and the tribunal must act in conformity with and be…
2Cases cited5 opinions
- Root v. McFerrinMississippi Supreme Court · 1859
- Bolivar County v. ColemanMississippi Supreme Court · 1894
- Marks, Rothenberg & Co. v. McElroyMississippi Supreme Court · 1890
- Gore v. DoolittleMississippi Supreme Court · 1900
- Ballard v. DavisMississippi Supreme Court · 1856
3Cited by5 opinions
- Borroum v. Purdy Road Dist.Mississippi Supreme Court · 1923
- Henry v. Board of SupervisorsMississippi Supreme Court · 1916
- Shaw v. WoffardMississippi Supreme Court · 1903
- Henry v. State ex rel. CoodyMississippi Supreme Court · 1922
- Lammons v. Board of SupervisorsMississippi Supreme Court · 1915