Indian Creek Drainage Dist. No. 1 v. Garrott
Mississippi Supreme Court
Appeal from the chancery court of Quitman county. Hon. J. G. McGowan, Chancellor. Suit for injunction by T. M. Garrott and others against the Indian Creek Drainage District No. 1 of Q,uitman, Tunica, and Panola Counties' and others. From a decree overruling the motion to dissolve a temporary injunction theretofore granted, defendants appeal.
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Appeal from the chancery court of Quitman county. Hon. J. G. McGowan, Chancellor. Suit for injunction by T. M. Garrott and others against the Indian Creek Drainage District No. 1 of Q,uitman, Tunica, and Panola Counties' and others. From a decree overruling the motion to dissolve a temporary injunction theretofore granted, defendants appeal. This is an appeal from a deoree of the chancery court of Quitman county', Miss., overruling’ a motion to dissolve a temporary injunction theretofore granted the appellees, restraining and enjoining the appellants from repairing and extending a certain…
1DissentEthridge, J.
I am unable to concur with my Brethren of the majority, and, believing this case to be one of the most *331important and far-reaching decisions rendered by this court in recent years, I desire to state my views of the issues presented and the law bearing’ thereon.
The chancellor in his opinion says:
“The gravamen of the complaint being: First. That the lands along Coldwater river are higher than the adjacent lands within the drainage district and have never been subject to overflow, and since the construction of the levee that the flood waters of Coldwater river during times of excessive rainis…
2Cases cited40 opinions
- Chicago v. TaylorSupreme Court of the United States · 1888
- Miller & Lux v. Madera Canal & Irrigation Co.California Supreme Court · 1909
- Fort Worth Improvement District No. 1 v. City of Fort WorthTexas Supreme Court · 1913
- Jackson v. United StatesSupreme Court of the United States · 1913
- Bradbury v. Vandalia Levee & Drainage DistrictIllinois Supreme Court · 1908
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