Board of Supervisors v. Black Creek Drainage District
Mississippi Supreme Court
Appeal from the chancery court of Holmes county. Hon. James F. McCool, Chancellor. This is an appeal from the vacation decree of the Chancellor rendered in pursuance of the provisions of chapter 39 of Code 1906, relative to drainage districts, by which decree the assessment of the commissioners for the district of benefits received by landowners in the district was approved.
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Appeal from the chancery court of Holmes county. Hon. James F. McCool, Chancellor. This is an appeal from the vacation decree of the Chancellor rendered in pursuance of the provisions of chapter 39 of Code 1906, relative to drainage districts, by which decree the assessment of the commissioners for the district of benefits received by landowners in the district was approved. Any assessment laid upon the roads, or other county property, requiring’ to be discharged in money must necessarily lie discharged by the county, and is, therefore, a charge on the county, if there is any liability…
1Opinion of the CourtAnderson, J.
There is involved in this case the constitutionality of section 1721, chapter 39 (“Chancery Court Drainage *742District Chapter”), Code 1906, in so far as it affects public roads. That section is as follows: “If, in the organization of said drainage district, and the construction of ditches and drains thereunder, any public road or railroad or turnpike road shall be benefited by the said system of drainage,- the said commissioners shall have the right to assess the said road, public road, railroad or turnpike road such amount as they may deem said roads or railroads benefited, which assessment…
2Cases cited1 opinion
- Board of Supervisors v. ArrighiMississippi Supreme Court · 1877
3Cited by3 opinions
- Willis Creek Drainage District v. Yazoo CountyMississippi Supreme Court · 1950
- Lacey v. State Ex Rel. MorganMississippi Supreme Court · 1940
- State Ex Rel. Knox v. SpeakesMississippi Supreme Court · 1926