Smith v. Board of Sup'rs
Mississippi Supreme Court
Appeal from circuit court of Tallahatchie county. Hon. E. D. Dinkins, Judge. Proceedings by the board of supervisors of Tallahatchie county against A. H. Smith and J. P. McMullen, to condemn a right of way for a change in a public highway. Judgment for plaintiff on a peremptory instruction, and defendants appeal.
1Opinion of the CourtEthridge, J.
The board of supervisors of Tallahatchie county instituted a condemnation proceeding for a right of way for a change in the public road in said county under section 4400, Code of 1906 (Hemingway’s Code, section 7080). The petition to the board of supervisors ivas signed by ten or more freeholders or householders of the county, and alleged that the land involved in this suit belonged to A. H. Smith and J. P. McMullen, and described the general course of the road as proposed to be changed. Notice was served as required by statute upon the appellants, and with the notice ivas served a copy of…
2Cited by33 opinions
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- Thompson v. JONES CTY. COMMUNITY HOSPITALMississippi Supreme Court · 1977
- Bruner v. University of Southern MississippiMississippi Supreme Court · 1987
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
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