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State ex rel. Salter v. Board of Supervisors

State ex rel. Salter v. Board of Supervisors of Bolivar County

State ex rel. Salter v. Bd. of Supervisors, 72 So. 700 (Miss. 1916)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
October 15, 1916
Judges
Smith
Citations
72 So. 700111 Miss. 867
Syllabus
Highways. Construction. Constitutional provisions. Powers of supervisors. Laws 1916, chapter 169, entitled an act to .provide additional methods of working public highways, in counties and providing for the creation of road districts is violative of section 170 of the state Constitution and is void, since it does not regulate the manner in which the jurisdiction of boards of supervisors over roads, ferries, and bridges shall be exercised, but attempts to provide a method by which practically all jurisdiction over the same may be withdrawn from such boards and vested in road commissioners.
Summary
Appeal from the circuit court of Bolivar county. Hon. W. A. Alcorn, Judge. Suit by the state on the relation of S. G-. Salter, district attornéy, against the board of supervisors of Bolivar county. From a judgment for defendant, relator appeals. The facts are fully stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Smith

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Smith, C. J.,

delivered the opinion of the court.

Chapter 169 of the Laws of 1016 does not regulate the manner in which the jurisdiction of boards of supervisors over roads, ferries, and bridges shall be exercised, but attempts to provide a method by which practically all jurisdiction over the same may be withdrawn from such boards and vested in road commissioners, and this the legislature, because of the provisions of section 170 of the Constitution, is without power to do. The statute is therefore void, and the court below committed no error in declining to enforce its provisions.

Affirmed,.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1922: 11938: 11947: 119222026peak 1922 · 1

Relies on it most ⓘ

  1. Drummond v. State185 So. 207 (Miss. 1938) · Dissent
  2. State Highway Commission v. Coahoma County32 So. 2d 555 (Miss. 1947)
  3. Havens v. Hewes91 So. 397 (Miss. 1922)

Most recent

  1. State Highway Commission v. Coahoma County32 So. 2d 555 (Miss. 1947)
  2. Drummond v. State185 So. 207 (Miss. 1938) · Dissent
  3. Havens v. Hewes91 So. 397 (Miss. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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