Dismukes v. Stokes
Mississippi Supreme Court
Appear from tbe Circuit Court of Noxubee county. Hon. H. W. Foote, judge. 1. That the statute which authorizes an appeal from tbe boards of police to tbe Circuit Court, declares “ that the judgment of tbe Circuit Court shall be final.
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Appear from tbe Circuit Court of Noxubee county. Hon. H. W. Foote, judge. 1. That the statute which authorizes an appeal from tbe boards of police to tbe Circuit Court, declares “ that the judgment of tbe Circuit Court shall be final. Code, 419, art. 33. ‘2. An appeal is a proceeding unknown to the common law, and cannot be extended beyond tbe plain and obvious import of the statute granting it. . Street v. Francis, 3 Hammond, 277; 14 Mass. 420; 7 Pick. 321. 3. That this court cannot take jurisdiction by appeal or writ of' error unless expressly given by statute. JST Y. Cental R. R. Company…
1Opinion of the CourtHandy, C. J.
This case is submitted on the motion of the appellee to dismiss the appeal for want of jurisdiction.
The record shows that, in virtue of certain special acts of the legislature, the appellee filed a petition before the board of police of Noxubee county, against the appellants, praying that certain section lines of lands in which they were interested be opened; that the prayer was granted and said section lines were ordered to be opened. From that order, the present appellants prosecuted an appeal to the Circuit Court of Noxubee county, andón the hearing in that court, the order of the board of…
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