Equen v. Arterbury
Mississippi Supreme Court
Appeal from the chancery court of Leflore county. Hon.. Joe .May, Chancellor. Petition for the establishment of a drainage district by Thad Arterbury and others, opposed by J. S. Equen and others. From an interlocutory decree confirming’ the report of a commission, the opposing parties appeal. The facts are fully stated in the opinon of the court. I will deal with hut two aspects of the case leaving the presentation of authorities to the opening brief of appellants.
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Appeal from the chancery court of Leflore county. Hon.. Joe .May, Chancellor. Petition for the establishment of a drainage district by Thad Arterbury and others, opposed by J. S. Equen and others. From an interlocutory decree confirming’ the report of a commission, the opposing parties appeal. The facts are fully stated in the opinon of the court. I will deal with hut two aspects of the case leaving the presentation of authorities to the opening brief of appellants. So far as I could gather from their brief, there was practically no attempt to meet the proposition and authorities supporting…
1DissentEthridge, J.
I do not think the court has jurisdiction of the appeal so as to authorize it to decide the cause, and that the appeal should be dismissed by the court of its own motion. The appellees in their brief say: \
*96“We are aware of the fact that the appellants have no right to be heard in this court, and that this appeal should be dismissed, and this cause remanded to the chancery court of Leflore county for further proceedings until a decree is rendered, from which an appeal will lie as held in Drainage District v. Napence Plantation Co., 118 Miss. 493, 78 So. 709, and Clark v. Strong, 81 So. 643,…
2Cases cited4 opinions
- Ward v. WhitfieldMississippi Supreme Court · 1887
- Bogue Hasty Drainage District v. Napenee Plantation Co.Mississippi Supreme Court · 1918
- Clark v. StrongMississippi Supreme Court · 1919
- Greve v. McGeeMississippi Supreme Court · 1907