Report of Cases Decided by the Supreme Court of Mississippi Volume 77

Report of Cases Decided by the Supreme Court of Mississippi Volume 77

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...the first consideration is, to whom does the enlarged rule apply? Does it apply to all who take private property under the power of eminent domain? Is the constitution a "respecter of persons," extending immunity to one and not to another? Do the rights of the citizens depend upon who seek to encroach upon them, or are those rights fixed and inflexible? in other words, does the constitution give immunity to the levee board and not to the state and other corporations, restricting the citizen to recovering from the levee board such damages only as he was entitled to recover under the, constitution of 1869, and enlarging his rights against the state and all other persons whatsoever? It would seem, to state the proposition was to answer it. Leroy Percy, on the same side. The questions presented by the appeal are, first, whether under the act of 1394 the "Commissioners to Assess Levee Damages" created by that act had jurisdiction to assess appellant's damages, and, secondly, if they had no such jurisdiction under the acts of 1884, was jurisdiction given them under sees. 17 and 233 of the constitution? Counsel for appellee seem to think that undoubtedly no jurisdiction existed in the commissioners under the act vvhich created them. With this view we cannot agree. It is true that under the wording of that act, where the levee did not actually touch the person's land, ordinarily the commissioners cannot act, because ordinarily the damages would be consequential and remote; but we apprehend that where the proposed levee did _take or destroy an easement valuable to the enjoyment of a person's land, that such person undoubtedly had the Brief for appellant. right to have his damages assessed by more

Product details

  • Paperback | 358 pages
  • 189 x 246 x 19mm | 640g
  • United States
  • English
  • black & white illustrations
  • 1236808436
  • 9781236808431