Teague v. Board of Supervisors
Mississippi Supreme Court
Teague v. Board of Supervisors, 56 Miss. 29 (Miss. 1878)
Campbell
Teague v. Board of Supervisors
Opinion of the Court
delivered the opinion of the court.
An authorization by the Board of Supervisors to the owner of land through which any road passes to erect gates across the same, as provided for by sect. 2367 of the Code, is in the nature of a legislative act, and the authority thus given may be withdrawn in the same manner as it was conferred. The privilege to erect gates is held, in such case, at the will of the Board of Supervisors; but it should not be capriciously exercised, so as to injure one who, acting on the license of the board, has adjusted his fencing to the condition of things arising from the erection of the gates authorized by such license.
Judgment affirmed.
Reference
- Full Case Name
- Samuel D. Teague v. The Board of Supervisors of Attala County
- Status
- Published
- Syllabus
- .Highway. Erection of gates. Power of Board of Supervisors. An authorization under sect. 2367 of the Code of 1871, which provides that “the Board of Supervisors may, at their discretion, authorize the owner of land through which any road may pass to erect gates across the same,” upon condition to keep them “under such restrictions as the boar’d may deem proper,” is in the nature of a legislative act, and the authority given may he withdrawn in the same manner as it was conferred. And the privilege granted in such case is held at the will of the hoard; but it should not be capriciously exercised, to the injury of one who has acted on the license of the board.