Board of Supervisors v. McFadden
Mississippi Supreme Court
Error to the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. The proceedings of the board of supervisors in the establishment of roads, ferries, and bridges, are judicial in their nature, and stand until reversed. Yalobusha County v. Carbry, 3 S. & M. 529 ; Carroll v. Board of Police, 28 Miss. 38. Suing out the injunction is a waiver of all errors. Code 1871, § 1047 ; Bustamente v. Bescher, 43 Miss. 172. The defendant in error has no franchise by prescription.
Read the full summary
Error to the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. The proceedings of the board of supervisors in the establishment of roads, ferries, and bridges, are judicial in their nature, and stand until reversed. Yalobusha County v. Carbry, 3 S. & M. 529 ; Carroll v. Board of Police, 28 Miss. 38. Suing out the injunction is a waiver of all errors. Code 1871, § 1047 ; Bustamente v. Bescher, 43 Miss. 172. The defendant in error has no franchise by prescription. Under the English law it may originate in that way, but in America it can be created only by a grant from the…
1Opinion of the CourtGeorge, C. J.
The board of supervisors of Leake County, made certain orders for the establishment at the expense of the county of a ferry over Pearl River, free to all the citizens of that county. These orders' directed the appropriation for this free ferry of a ferry franchise, owned by the defendant in error, and for that purpose directed the sheriff of the county to summon an inquest to assess the damages which *621the defendant in error might sustain by reason of the appropriation of his property by the county. The defendant in error sued out an injunction against the execution of these orders of the board…
2Cited by2 opinions
- Beck v. AllenMississippi Supreme Court · 1880
- Sullivan v. Board of SupervisorsMississippi Supreme Court · 1881