Board of Supervisors v. Niles
Mississippi Supreme Court
Appeal from the Chancery Court of Attala County. Hon. R. W. Williamson, Chancellor. Jason Niles filed a bill in chancery against W. C. Chesteen, and obtained an injunction thereon prohibiting Chesteen, as the overseer of a certain projected public road in Attala County, from cutting out and opening the road over the land of the complainant.
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Appeal from the Chancery Court of Attala County. Hon. R. W. Williamson, Chancellor. Jason Niles filed a bill in chancery against W. C. Chesteen, and obtained an injunction thereon prohibiting Chesteen, as the overseer of a certain projected public road in Attala County, from cutting out and opening the road over the land of the complainant. Chesteen was summoned to answer the-bill; but at the appearance-term a motion was entered by the-Board of Supervisors of the county that they be made parties-defendant and permitted to answer the bill. This motion was-based upon the petition of the board,…
1Opinion of the Court
Chalmers, O. J.,
delivered the opinion of the court.
The Board of Supervisors should have been admitted to defend the suit. True, a decree rendered in it would not have concluded them, and, ordinarily, parties who will not be affected by a litigation have no right to intervene ; but in this case the road-overseer was the mere representative of the Supervisors, or of the public, and he refused to make any defence. If he had been enjoined, so might each successive overseer whom the board might appoint, each one of them being willing to be relieved of the duty of opening the road or unwilling to…
2Cited by4 opinions
- Doke v. WilliamsSupreme Court of Florida · 1903
- Rainey v. Hinds CountyMississippi Supreme Court · 1900
- Henderson County v. Henderson Bridge Co.Court of Appeals of Kentucky · 1903
- Crystal Springs Bank v. New Orleans Cattle Loan Co.Mississippi Supreme Court · 1923