Board of Levee Commissioners v. Brooks, Neeley & Co.
Mississippi Supreme Court
From the circuit court, first district, of Coahoma county. Hon. F. A. Montgomery, Judge. This suit was an eminent domain proceeding instituted by the board of levee commissioners, the appellant, although the issue tried in the circuit court was made up on the appeal of Brooks, Neeley & Co. el dl., the appellees, who, having appealed to the circuit court, filed their demand for damages in excess of that assessed by the three parties who had acted as appraisers.
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From the circuit court, first district, of Coahoma county. Hon. F. A. Montgomery, Judge. This suit was an eminent domain proceeding instituted by the board of levee commissioners, the appellant, although the issue tried in the circuit court was made up on the appeal of Brooks, Neeley & Co. el dl., the appellees, who, having appealed to the circuit court, filed their demand for damages in excess of that assessed by the three parties who had acted as appraisers. The board of levee commissioners for the Yazoo-Mississippi delta, claiming the right of eminent domain, by its chief engineer, on the…
1Opinion of the CourtTerral, J.
This is a proceeding under the statute regulating the exercise of the power of eminent domain, commenced in the circuit court of Coahoma county on the third day of July, 1896, when said court had-no jurisdiction of such proceeding, and which want of jurisdiction rendered the action of the court utterly null and void, and nothing can relieve it of this hopeless infirmity, except it be section 147 of the state constitution, which is invoked for that purpose. The constitution provides: ‘ ‘ Section 147. No judgment or decree in any chancery or circuit court,, rendered in a civil cause, shall be…
2Cases cited8 opinions
- Brown v. BeattyMississippi Supreme Court · 1857
- Fenn v. HarringtonMississippi Supreme Court · 1877
- New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. DrakeMississippi Supreme Court · 1882
- Andrews v. WallaceMississippi Supreme Court · 1894
- Board of Levee Commissioners v. AllenMississippi Supreme Court · 1882
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