Legal Opinion

Belzoni Drainage Commission v. Winn

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 13 opinions

Appeal from tlie chancery court of Washington county. Hon. E. N. Thomas, Chancellor. Suit by Osamus Winn against the Belzoni Drainage Commission. From a judgment overruling a demurrer to the hill' defendant appeals. The facts in the case are sufficiently stated in the-opinion of the court. The act does not violate section 90, paragraph (q). It does not relate to water courses within the purview of that' paragraph. Water courses are not mentioned in the Act.

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Appeal from tlie chancery court of Washington county. Hon. E. N. Thomas, Chancellor. Suit by Osamus Winn against the Belzoni Drainage Commission. From a judgment overruling a demurrer to the hill' defendant appeals. The facts in the case are sufficiently stated in the-opinion of the court. The act does not violate section 90, paragraph (q). It does not relate to water courses within the purview of that' paragraph. Water courses are not mentioned in the Act. It provides for artificial ditches, for the purpose of effecting a system of drainage; and, they are intended to carry water, to be sure,…

1Opinion of the CourtMayes, C. J.

This case involves the constitutionality of chapter 183 of the Laws of 1910. A statement of the case need not be here made, since it appears so clearly in the pleadings, and the case is here on bill and demurrer. The above act is a local and special drainage law, and created a drainage district known as the “Belzoni Drainage District,” applying to certain parts of the county of Washington. Osamus Winn, a resident and taxpayer in the drainage district created by the act, brings this. suit for the purpose of enjoining the enforcement of the act, alleging its' unconstitutionality in many…

2Cases cited2 opinions

  1. Rait v. FurrowSupreme Court of Kansas · 1906
  2. Ferris v. WellbornMississippi Supreme Court · 1886

3Cited by13 opinions

  1. Loden v. Mississippi Public Service CommissionMississippi Supreme Court · 1973
  2. Lee v. GrupeCourt of Appeals of Texas · 1949
  3. Lauck v. GilbertMississippi Supreme Court · 1965
  4. Palmer, Et Ux. v. MassengillMississippi Supreme Court · 1952
  5. Crenshaw v. StateMississippi Supreme Court · 1911

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