Strahan v. Attala County
Mississippi Supreme Court
From the circuit court of Attala county. Hon. Joseph T. Dunn, Judge. Strahan and others, appellants, citizens of the county, filed a petition before the board of supervisors of Attala county, appellees, to have a new public road laid out in the county, and, being denied the privilege of- offering evidence in support of their petition, appealed to the circuit court from an order dismissing the petition; the circuit court dismissed the appeal to that court and they appealed to…
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From the circuit court of Attala county. Hon. Joseph T. Dunn, Judge. Strahan and others, appellants, citizens of the county, filed a petition before the board of supervisors of Attala county, appellees, to have a new public road laid out in the county, and, being denied the privilege of- offering evidence in support of their petition, appealed to the circuit court from an order dismissing the petition; the circuit court dismissed the appeal to that court and they appealed to the supreme court. When appellants’ petition to have the prospective highway opened came on for hearing before the…
1Opinion of the CourtMayes, J.
When a petition is filed, under § 4400 of the Code of 1906, for the purpose of having a new road opened up, it is a matter to be addressed to the discretion of the board of supervisors. When the petition was presented to and read by the board, and petitioners presented their witnesses, stating what they expected to prove by them, they had a hearing within the full meaning of the statute, even though the board refused to let *534the witnesses take the stand and testify. The rejection of the testimony was in effect to say that, even admitting that the witnesses woitld testify to what it was stated…
2Cited by6 opinions
- Ferguson v. Board of Sup'rsMississippi Supreme Court · 1928
- George County v. DavisMississippi Supreme Court · 1998
- State Ex Rel. School District No. 8 v. LensmanMontana Supreme Court · 1939
- Board Sup'rs, Tishomingo Co. v. BlissittMississippi Supreme Court · 1946
- Board of Supervisors v. OlsenMississippi Supreme Court · 1918
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