Sullivan v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of, second district, Tallahatchie county. Hon. Samuel C. Oook, Judge. The railroad company, appellee, was plaintiff, and Sullivan, a justice of the peace, and others, appellants, were defendants there.
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From the circuit court of, second district, Tallahatchie county. Hon. Samuel C. Oook, Judge. The railroad company, appellee, was plaintiff, and Sullivan, a justice of the peace, and others, appellants, were defendants there. The action was a mandamus proceeding, and from a judgment awarding the writ the defendants appealed to the supreme court. •In August, 1903, the Tazoo & "Mississippi Valley Eailroad Company filed with the clerk of the circuit court a written • application for the condemnation of certain land in Tallahatchie county for public use. On this application a summons and writ was…
1Opinion of the CourtWhitfield, C. J.
We do not think that a justice of the peace, in eminent domain proceeding, has any judicial function to perform. He acts ministerially only., Every step which he is to take is precisely marked out by the statute. The objection that he ought to be permitted to decide whether he has jurisdiction, or judicially to pass upon any other question, is more plausible than sound. It results from the very nature of the case that the procedure is summary — as, for example, no appeal is allowed except from the findings of the jury' — and it is perfectly obvious *661that a certiorari could effect nothing in…
2Cited by4 opinions
- McDonald's Corp. v. ROBINSON INDUSTRIESMississippi Supreme Court · 1992
- Mississippi State Highway Commission v. WestMississippi Supreme Court · 1938
- Vinegar Bend Lumber Co. v. Oak Grove & Georgetown RailroadMississippi Supreme Court · 1906
- Mississippi State Highway Commission v. ReddochMississippi Supreme Court · 1939