Board of Levee Commissioners v. Allen
Mississippi Supreme Court
Appeal from the Circuit Court of Bolivar County. Hou. B. F. Trimble, Judge. Sect. 17 of the act incorporating the “ Board of Levee Commissioners of Bolivar, Washington, and Issaquena Counties,” approved 27th of November, 1865, provides that when any owner of land shall object to the building of a levee thereon, or claim compensation for damage he may sustain in consequence thereof, the president of the Board of Levee Commissioners, or such owner, may apply by written…
Read the full summary
Appeal from the Circuit Court of Bolivar County. Hou. B. F. Trimble, Judge. Sect. 17 of the act incorporating the “ Board of Levee Commissioners of Bolivar, Washington, and Issaquena Counties,” approved 27th of November, 1865, provides that when any owner of land shall object to the building of a levee thereon, or claim compensation for damage he may sustain in consequence thereof, the president of the Board of Levee Commissioners, or such owner, may apply by written petition to the clerk of the Board of Police of the county, who shall forthwith issue an order to the sheriff, “ commanding him…
1Opinion of the CourtCampbell, C. J.
The record, fails to show that the inquisition of damages was made by twelve freeholders or householders summoned by *97the sheriff, as required by law. This is a fatal defect in the proceedings. Allen v. The Board of Levee Commissioners, 57 Miss. 163.
That the same jury assessed the damages as to the lands of different persons, all of whom were embraced in one proceeding, xyas unobjectionable. The statute does not require a different jury for each land-owner, and it would be both inconvenient and expensive.
Judgment affirmed.
2Cases cited1 opinion
- Allen v. Board of Levee CommissionersMississippi Supreme Court · 1879
3Cited by4 opinions
- Craft v. DeSoto CountyMississippi Supreme Court · 1901
- White v. Memphis, Birmingham & Atlantic RailroadMississippi Supreme Court · 1886
- Board of Levee Commissioners v. Brooks, Neeley & Co.Mississippi Supreme Court · 1898
- City of Greenwood v. GwinMississippi Supreme Court · 1929