Hurley v. Board of Mississippi Levee Commissioners
Mississippi Supreme Court
From the chancery court of Bolivar county. Hon. A. H. Longino, Chancellor. J. L. Hurley, the appellant, was the complainant in the court below; the levee commissioners were defendants there.
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From the chancery court of Bolivar county. Hon. A. H. Longino, Chancellor. J. L. Hurley, the appellant, was the complainant in the court below; the levee commissioners were defendants there. Injunction to restrain a proceeding for the condemnation of a part of Hurley’s plantation for the enlargement of a levee, on the ground that one of the persons claiming, in such proceeding, to be one of the three £ £ commissioners to assess levee damages,” provided for by the act of 1884 (Laws, p. 165), was without right to the office. The appellees, in their answer, denied this averment, but, on the…
1Opinion of the CourtWhitfield, J.
We think the clear preponderance of the testimony shows that Jacobs subscribed his oath, and we hold he was, and is now, the legal commissioner. Section 3, Laws 1884, p. 165. Aycock was not a commissioner dejure or defacto.
The contention that this is an effort to try a contested election case in chancery is unsound, and arises from a misconception of the scope and purpose of the bill. The ground of equitable jurisdiction invoked is the power of the court by injunction to prevent the taking of the citizen’s property without due process of law, by an illegally constituted tribunal. In…
2Cases cited1 opinion
- Smart v. HartWisconsin Supreme Court · 1890
3Cited by10 opinions
- Dawkins v. Redd Pest Control Co., Inc.Mississippi Supreme Court · 1992
- Ham v. Board of Levee CommissionersMississippi Supreme Court · 1903
- Walker. v. HoppingCourt of Appeals of Texas · 1920
- Trahan v. State Highway CommissionMississippi Supreme Court · 1933
- Erwin v. Miss. State Highway CommissionMississippi Supreme Court · 1952
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