Kinnare v. Gregory
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. The case is sufficiently stated in the opinion of the court. 1. The court erred in admitting as evidence the order of the Board of Supervisors of Warren County, of July 10, 1875. Section 2334 of Code of 1871 declares that all roads laid out and opened, or hereafter laid out and opened, according to this chapter, shall be deemed public roads or highways.
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Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. The case is sufficiently stated in the opinion of the court. 1. The court erred in admitting as evidence the order of the Board of Supervisors of Warren County, of July 10, 1875. Section 2334 of Code of 1871 declares that all roads laid out and opened, or hereafter laid out and opened, according to this chapter, shall be deemed public roads or highways. The Supreme Court, in the case of Tegarden v. McBean, 4 Geo. 288, in construing an exactly similar section in Hutchinson’s Code, page 254, section 25, says “ that this…
1Opinion of the CourtSimrall, C. J.
John and Jane Kinnare, husband and wife, were sued by the plaintiffs below for obstructing the public road, and preventing the use of it by them. The plaintiffs offered testimony tending to show special damages to them. A verdict and judgment was rendered against the defendants for $400.
The important question (inasmuch as it lies at the foundation of the plaintiffs’ right) was the admission in evidence of the order of the Board of Supervisors dated July 10, 1873, over the objection of the plaintiffs in error. This order declared that the road No. 8, therein described, “ be declared a public…
2Cases cited2 opinions
- Briel v. City of NatchezMississippi Supreme Court · 1873
- Knowles v. SummeyMississippi Supreme Court · 1876
3Cited by10 opinions
- Armstrong v. Itawamba CountyMississippi Supreme Court · 1944
- Therrell v. EllisMississippi Supreme Court · 1903
- Rylee v. StateMississippi Supreme Court · 1913
- Hearn v. MorrowMississippi Supreme Court · 1973
- Ralph H. McBroom v. Jackson County, MississippiMississippi Supreme Court · 2014
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