Yandell v. Madison County
Mississippi Supreme Court
Feom the circuit court of Madison county. Hon. Robert Powell, Judge. Yandell, appellant, was plaintiff in the court below; the County of Madison, appellee, was defendant there. The facts are fully stated in the opinion of the court. The court below erred in not dismissing the cause without prejudice to plaintiff’s rights. Under code 1892, §79, the circuit court only had jurisdiction to dismiss the appeal. The want of a bill of exceptions was fatal to the appeal.
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Feom the circuit court of Madison county. Hon. Robert Powell, Judge. Yandell, appellant, was plaintiff in the court below; the County of Madison, appellee, was defendant there. The facts are fully stated in the opinion of the court. The court below erred in not dismissing the cause without prejudice to plaintiff’s rights. Under code 1892, §79, the circuit court only had jurisdiction to dismiss the appeal. The want of a bill of exceptions was fatal to the appeal. It was a mere nullity. The case was improperly on the circuit court docket, and it should merely have been dismissed, leaving the…
1Opinion of the CourtTereal, J.
At the January term, 1901, of the board of supervisors of Madison county, Dr. W. M. Yandell presented to the board, as county health officer, for allowance, his claim for $214.83, which the board disallowed. Thereupon Dr. Yandell prayed an appeal to the circuit court, which the board granted, and approved his bond for such appeal. No bill of exceptions was then, or at any time, made in the case. The circuit court, upon the motion of the county, affirmed the judgment of the board of supervisors disallowing said account. During the term of the circuit court, counsel for Dr. Yandell applied to…
2Cases cited1 opinion
- Bridges v. Board of SupervisorsMississippi Supreme Court · 1879
3Cited by7 opinions
- Bowling v. Madison County Bd. of Sup'rsCourt of Appeals of Mississippi · 1998
- Bowen v. DESOTO COUNTY BD. OF SUP'RSMississippi Supreme Court · 2003
- Cox v. Board of Supervisors of Madison CountyMississippi Supreme Court · 1974
- City of Jackson v. Varia, Inc.Mississippi Supreme Court · 1961
- Tunica County Board of Supervisors v. HWCC-Tunica, LLCMississippi Supreme Court · 2017
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