State, Ex Rel. v. Dear

As much as I respect the judgment of my brethren, I must, with deference dissent against some of the conclusions reached in the decision of this case.

It is manifestly correct insofar as it absolves the members of the board of supervisors from any liability on account of the sale of timber. They were exercising a judicial function in making the sale, and in determining the price at which the timber was sold. Beginning with Paxton v. Baum, 59 Miss. 531, this principle has been recognized and reaffirmed throughout the years. See authorities cited on this point in the original opinion.

Hinds is…