Legal Opinion

Caldwell v. George

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 2 opinions

Ieom the chancery court of Lauderdale county. HoN. Samuel Whitman, Je., Chancellor. Caldwell, appellant, was complainant in tbe court below;. George, appellee, was defendant there. From a final decree denying complainant relief be appealed to tbe supreme court. The case was once before in the supreme court, but the decision then made simply dismissed the appeal because of irregularities..

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Ieom the chancery court of Lauderdale county. HoN. Samuel Whitman, Je., Chancellor. Caldwell, appellant, was complainant in tbe court below;. George, appellee, was defendant there. From a final decree denying complainant relief be appealed to tbe supreme court. The case was once before in the supreme court, but the decision then made simply dismissed the appeal because of irregularities.. Caldwell v. George, 46 South. 169. George, appellee, needing warehouse room for conducting his business, and finding that a portion of a< street was adapted for his use applied to the municipality for…

1Opinion of the Court

Shith, T.,

delivered the opinion of the court.

The streets of a municipality, including the sidewalks, “from side to side and from end to end,” are for the use of the public, and, in the absence of legislative authority, a board of aldermen, or city council, have no power to permit a permanent obstruction thereof. The permission, therefore, given appellee by the board of aldermen to extend his warehouse over the sidewalk in question, was void, and afforded him no protection. It being shown that appellants suffer thereby damage peculiar to them■selves, different from that sustained by the…

2Cited by2 opinions

  1. City of Cleveland v. Mid-South Associates, LLCMississippi Supreme Court · 2012
  2. Caldwell v. GeorgeMississippi Supreme Court · 1912

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