Legal Opinion

Town of Clinton v. Turner

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 18 opinions

From the chancery court of, first district, Hinds county. IIon. G. Garland Ltell, Chancellor. Madame Turner, appellee, was complainant in the court bellow ; the town of Clinton and the Alabama & Vicksburg Eailwa'y Company, appellants, were defendants there. From a decree overruling their demurrer to the bill of complaint, the defendants appealed to the supreme court. 'The material facts, as shown by the bill, are stated in the opinion of the court.

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From the chancery court of, first district, Hinds county. IIon. G. Garland Ltell, Chancellor. Madame Turner, appellee, was complainant in the court bellow ; the town of Clinton and the Alabama & Vicksburg Eailwa'y Company, appellants, were defendants there. From a decree overruling their demurrer to the bill of complaint, the defendants appealed to the supreme court. 'The material facts, as shown by the bill, are stated in the opinion of the court. The demurrer to the bill should have been sustained. Madame Turner, complainant, appellee, was not an abutting owner. Her lands were not upon that…

1Opinion of the CourtMayes, C. J.

This suit was begun in the chancery court of Hinds county by Mattie Turner, in which she seeks to have declared void an ordinance of the town of Clinton closing up the south end of Neal avenue and the north end of Jefferson street, and also to compel the removal from across the streets in question of the depot of the Alabama & Vicksburg Bailway Company as an obstruction to same. She also seeks to recover damage claimed by her to have been sustained by reason of the closing of the street and its obstruction by the depot, and also prays for an order compelling the opening of the street and…

2Cases cited3 opinions

  1. Cram v. LaconiaSupreme Court of New Hampshire · 1901
  2. City of Laurel v. RowellMississippi Supreme Court · 1904
  3. Poythress v. Mobile & Ohio RailroadMississippi Supreme Court · 1908

3Cited by18 opinions

  1. Muse v. Mississippi State Highway CommissionMississippi Supreme Court · 1958
  2. Illinois Cent. R. v. MoriarityTennessee Supreme Court · 1916
  3. Freeman v. City of CentraliaWashington Supreme Court · 1912
  4. Fitzhugh v. City of JacksonMississippi Supreme Court · 1923
  5. City of Jackson v. Freeman-Howie, Inc.Mississippi Supreme Court · 1960

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