Freeman v. Board Supervisors
Mississippi Supreme Court
Appeal from the chancery court of Lee county. Hon. Baxter McFarland, Chancellor. This was an injunction suit brought by the board of supervisors of Lee county against the fence commissioners appointed under the act approved March 5, 1878 (see Acts 1878, p. 305). The object of the injunction was to prevent the commissioners from wrongly locating and constructing a fence, which they were causing to be constructed outside of the township line.
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Appeal from the chancery court of Lee county. Hon. Baxter McFarland, Chancellor. This was an injunction suit brought by the board of supervisors of Lee county against the fence commissioners appointed under the act approved March 5, 1878 (see Acts 1878, p. 305). The object of the injunction was to prevent the commissioners from wrongly locating and constructing a fence, which they were causing to be constructed outside of the township line. Upon final hearing the court dissolved the injunction, holding that the matter was not one in which the county was interested, and that the board of…
1Opinion of the CourtArnold, C. J.
It is only in regard to matters in which the county is interested that boards of supervisors may sue. Code, § 2175. The county was not interested in the subject-matter of this litigation. It concerned .only that part of the people of the county who were interested in the fence, and affected by the proceedings to construct the fence, under the act of 1878. The bond required of the commis*3sioners appointed to construct the fence is the security provided by the act, for any person interested, who may have cause to complain of the acts and doings of the commissioners.
There was no error in…
2Cases cited1 opinion
- State ex rel. Lawrence County v. FortinberryMississippi Supreme Court · 1877
3Cited by5 opinions
- Ayres v. Board of TrusteesMississippi Supreme Court · 1924
- Mississippi Live Stock Sanitary Board v. WilliamsMississippi Supreme Court · 1923
- Board of Education of Forrest County v. SiglerMississippi Supreme Court · 1968
- County of Lake v. CuneoAppellate Court of Illinois · 1951
- Browning v. MathewsMississippi Supreme Court · 1895