Bookout v. Board of Supervisors
Mississippi Supreme Court
Appeal from the circuit court of Itawamba county. Hon. J. H. Mitchell, Judge. Petition by Luther Bookout and others for mandamus against the board of supervisors of Itawamba county and petition by the road commissioners for certiorari against the same dfendants. Both writs being denied, petitioners appeal.
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Appeal from the circuit court of Itawamba county. Hon. J. H. Mitchell, Judge. Petition by Luther Bookout and others for mandamus against the board of supervisors of Itawamba county and petition by the road commissioners for certiorari against the same dfendants. Both writs being denied, petitioners appeal. At the May term, 1911, the -board of supervisors of Itawamba county received a petition from more than twenty per cent of the qualified electors of the fifth supervisor’s district, asking to come under the provisions of chapter 149 of the Laws of 1910 for the purpose of issuing bonds for…
1Opinion of the CourtSmith, J.
All- of the orders passed by appellee after the filing of the petition in May, 1911, by which it attempted to assume power not conferred on it by the petition, to wit, the power to issue bonds for the purpose of building roads outside of the fifth supervisor’s district, were either void or voidable. If void, they were nullities, and could have been disregarded. If voidable, they could have been set aside in a proper proceeding instituted for that purpose. This being true, appellee had full power to repeal these orders, irrespective of what the power of boards of supervisors ordinarily is with…
2Cases cited1 opinion
- Thomas v. Lee CountyMississippi Supreme Court · 1910
3Cited by2 opinions
- Allison v. Camp Creek Drainage Dist.Mississippi Supreme Court · 1951
- Hays v. Lafayette CountyMississippi Supreme Court · 1922