Bowles v. Leflore County

Decided November 15, 1904

Mississippi Supreme Court · decided 1904-11-15

From the circuit court of Leflore county. Hon. A. MoO. Kimbrough, Judge. Bowles, the appellant, petitioned the board of supervisors of Leflore county to reconsider and vacate an order previously made purporting to put the stock law in force in a part of the county. The board denied his petition, and he appealed to the circuit court. The circuit court dismissed the proceeding, and Bowles appealed to the supreme court.

Cited by 2 later decisions — most recently December 1923

2 state decisions

Key passage — most relied on by later courts

““It may he that there would have been too- few petitioners, or none at all, for the law with any part excepted* ’ ’”

quoted by 1 later decision, including Word v. Board of Supervisors

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2The 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.

¶3But 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.

¶4Affirmed.