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100 Miss. 821

Ex parte Drainage Commissioners

Mississippi Supreme Court

Decided October 15, 1911

Mississippi Supreme Court · decided 1911-10-15

Hon. M. E. Denton, Chancellor. From a judgment rendered in proceedings by the ■drainage commissioners of Leflore county, an appeal is taken. The facts are sufficiently stated in the opinion of the court.

Cited by 1 later decisions — most recently March 1916

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1911-10-15

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Smith, J.,

¶1delivered the opinion of the court.

¶2The question submitted to us for decision is: Has the board of drainage commissioners of Leflore county power to contribute to the expense being incurred by the Rucker drainage district in cleaning out, straightening, and deepening Turkey bayou, a natural watercourse, which constitutes the outlet for the waters of the two drainage districts? Since the statutes under which these ■drainage districts were organized ‘ ‘ confer no power upon the commissioners to deal with natural watercourses, but are designed solely for the purpose of creating artificial channels for the drainage of wet, swamp, and overflow lands” (Haley v. Drainage Commissioners, 55 South. 353), it follows, necessarily, that'the question must be answered in the negative.

¶3The judgment of the lower court is therefore reversed, ■and the petition dismissed. , Reversed.

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