Bowles v. Leflore County

Mississippi Supreme Court
Bowles v. Leflore County, 85 Miss. 387 (Miss. 1904)
Calhoon

Bowles v. Leflore County

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

The petitions to the April term, 1903, of the board, are all that the stock law be put in .force in the whole county. On these, the order of the board, not appealed from, putting the law in force in the whole county, excepting a certain part of it, was void. It may be that there would have been too few petitioners, or none at all, for the law with any part excepted. Code 1892, § 2056. As to the stock law, therefore, the law remains as it was before the order, and will so continue until the board acts on the petitions, from which action an appeal will lie.

But this void order was not subject to the proceeding at the subsequent September term, 1903, by petition of a citizen to reconsider and vacate the void order of the April term, so as to give the right to an appeal from its refusal to the circuit court.

Affirmed.

Reference

Full Case Name
Frank N. Bowles v. Leflore County
Cited By
1 case
Status
Published
Syllabus
1. Board of Supervisors. Stock law. Code 1892, § 2056. Petition. Entire county. Part of county. An order of the board of supervisors, made upon a petition to have the stock law put in force in the entire county, is utterly void where it purports to put the law in force in only part of the county, under Code 1892, § 2056, regulating th'e subject. 2. Same. Void order. Appeal. A void order of the board of supervisors, purporting to 'put the stock law in force in a part of the county, is not subject to a pro* ceeding for its reconsideration, at a subsequent term of the board, so as to give the right of appeal from a refusal to vacate it.