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120 Miss. 95

Clark v. Strong

Mississippi Supreme Court

Decided March 15, 1919

Mississippi Supreme Court · decided 1919-03-15

HoN. A. T. Woodwabd, Chancellor. Proceeding to establish a drainage district. From an order that the drainage commissioners’ report, to which objections were filed by Charles strong and others, be referred back to the commissioners, the drainage commissioners appeal. The facts are fully stated in the opinion, of the court..

Cited by 2 later decisions — most recently March 1922

2 state decisions

Relies on Bogue Hasty Drainage District v. Napenee Plantation Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1919-03-15

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Smith, C. J.,

¶1delivered the opinion of the court.

¶2This is an appeal, to settle the principles of the case, from an order entered by the court below in a proceeding to establish a drainage district under the provisions of chapter 39, Code of 1906 (chapter 99, Hemingway’s Code). The drainage commissioners made their report in accordance with section 1693, Code of 1906 (section. 4273, Hemingway’s Code), and upon objections thereto being filed it was ordered that: “Said report of said drainage commissioners be referred back to them, and that they be required to employ a competent engineer to make a survey, of said above-described proposed drainage district, and that the data as thus obtained be brought again into court for hearing.”

¶3The statute under which the district is being formed does not provide for the appeal here attempted to be taken, and the orders and decrees made in the process of the creation of a drainage district were not within the general statutes regulating appeals from the chancery court. Drainage District v. Napenee Plantation Co., 118 Miss. 493, 78 So. 709.

¶4The motion of the appellee to dismiss the appeal will be sustained.

¶5Sustained.

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