Board of Commissioners v. Davis

Dissenting Opinion.

McCabe, J.

I am unable to concur in the conclusion reached in the foregoing opinion. It is contended that there is no right of appeal from the action of the board of commissioners to the superior court, and, therefore, that there was no jurisdiction in the latter court, and hence none in this court, and so I understand the prevailing opinion to hold.

This contention is based on the concluding clause of section two of the act (Acts 1893, p. 342), which, referring to the allowance and proceedings of the board, provides that "if” such proceedings are "in compliance with the…