Board of Levee Commissioners v. Allen
Mississippi Supreme Court
Board of Levee Commissioners v. Allen, 60 Miss. 93 (Miss. 1882)
Campbell
Board of Levee Commissioners v. Allen
Opinion of the Court
delivered the opinion of the court.
The record, fails to show that the inquisition of damages was made by twelve freeholders or householders summoned by
That the same jury assessed the damages as to the lands of different persons, all of whom were embraced in one proceeding, xyas unobjectionable. The statute does not require a different jury for each land-owner, and it would be both inconvenient and expensive.
Judgment affirmed.
Reference
- Full Case Name
- Board of Levee Commissioners v. Thomas H. Allen
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Eminent Domain. Proceedings under levee law. Defect as to jury of inquest. The act incorporating the “Board of Levee Commissioners of Bolivar, Washington and Issaquena Counties,” approved November 27, 1865, provides for the condemnation of lands of individuals for levee purposes, and for a jury of “freeholders or householders,” to assess the damages sustained. The failure of the record of the proceedings had in such case to show that the jury were freeholders or householders is a fatal defect; for which, upon a certiorari, the verdict may he set aside and the whole proceedings of inquisition quashed. 2. Same. One jury of inquest for several different land-owners. A proceeding had under the act above- referred to is not objectionable because but one jury was summoned to assess the damages of several different landowners, and such jury returned one verdict, embracing the several assessments of damages, the act not requiring a different jury for each land-owner.