Charles Gallagher v. City of Waveland, Mississippi

¶36. I respectfully dissent from the majority’s opinion. I find that the bill of exceptions accepted by the circuit court was fatally defective and failed to provide an intelligent, record upon which the circuit court could act. Because the parties failed to provide a proper bill of exceptions, the circuit .court lacked subject-matter jurisdiction in this case. As a result, I would reverse the circuit court’s judgment and remand this case to allow the. circuit court to rule on the Gallaghers’ motion for a writ of mandamus and to provide the parties *478the opportunity to file a properly amended…