Berry v. Town of Mendenhall
Mississippi Supreme Court
Appeal from chancery court of Simpson county. Hon. B. E. Sheehy, Chancellor. Bill by R. T. Berry against the town of Mendenhall. From a decree dismissing the bill, the plaintiff appeals. The facts are fully stated in the opinion of the court. The board in closing Bay and Magnolia streets acted on a petition signed by all the abutting property owners, that owned property on those streets.
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Appeal from chancery court of Simpson county. Hon. B. E. Sheehy, Chancellor. Bill by R. T. Berry against the town of Mendenhall. From a decree dismissing the bill, the plaintiff appeals. The facts are fully stated in the opinion of the court. The board in closing Bay and Magnolia streets acted on a petition signed by all the abutting property owners, that owned property on those streets. This fact is copied in the order entered on the minutes, which recites, towit: £ ‘ Same showing that all property holders had signed petition as required by section 3336, Mississippi Code 1906, was granted.”…
1Opinion of the CourtCook, J.
The town of Mendenhall, by an order entered upon the minutes of the town board, vacated and closed certain streets of the town, “same to remain closed until the public interest might demand reopening.” Subsequent to ■this order one of the original petitioners for the closing ■of the streets circulated a petition to the board of mayor :and aldermen, asking that its former order be rescinded. The board granted this petition also, and passed an order rescinding its former action in closing the streets, and ordered the marshal to proceed to reopen the closed streets. Appellant, an owner of lots…
2Cases cited1 opinion
- Hammer v. City of ElizabethSupreme Court of New Jersey · 1901
3Cited by3 opinions
- Tishomingo County v. McConvilleMississippi Supreme Court · 1925
- City of Jackson v. McAllisterMississippi Supreme Court · 1985
- Edwards House Co. v. City of JacksonMississippi Supreme Court · 1925