Legal Opinion

Allen v. Board of Levee Commissioners

Mississippi Supreme Court

Decided October 15, 1879PublishedCited by 5 opinions

Error to the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. Sect. 17 of the act incorporating the board of levee commissioners, approved Nov. 27, 1865 (Acts 1865, p. 62) provides that, when any owner of lands shall object to the building of a levee thereon or claim compensation for damage he may sustain in consequence thereof, the president of the board of levee commissioners, or such owner, may apply by written petition to the clerk of the board of police of…

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Error to the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. Sect. 17 of the act incorporating the board of levee commissioners, approved Nov. 27, 1865 (Acts 1865, p. 62) provides that, when any owner of lands shall object to the building of a levee thereon or claim compensation for damage he may sustain in consequence thereof, the president of the board of levee commissioners, or such owner, may apply by written petition to the clerk of the board of police of the county, who shall forthwith issue an order to the sheriff “ commanding him to summon instantly a jury of twelve…

1Opinion of the CourtGeorge, C. J.

The plaintiff in error filed his petition in the Circuit Court for a certiorari to bring up the record of the proceedings of an inquest assessing damages for the appropriation of his land to the construction of a levee on the Mississippi River. The petition charges that the jury made their assessment on improper principles, but that this is not ascertainable from the form in which the verdict was drawn up ; and the prayer is that the writ be granted, in order that the verdict may be amended so as to show the true ground upon which it is based, so that the petitioner may bring an action for…

2Cases cited4 opinions

  1. People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
  2. People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
  3. Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
  4. People v. . the Assessors of AlbanyNew York Court of Appeals · 1869

3Cited by5 opinions

  1. Hamilton v. LongMississippi Supreme Court · 1938
  2. Corbett v. DuncanMississippi Supreme Court · 1885
  3. Martin v. McGrawMississippi Supreme Court · 1964
  4. McCreary v. Rhodes & SilkMississippi Supreme Court · 1885
  5. Board of Levee Commissioners v. AllenMississippi Supreme Court · 1882

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