Board of Levee Commissioners v. Allen

Citations

• 60 Miss. 93

Syllabus

<p>1. Eminent Domain. Proceedings under levee law. Defect as to jury of inquest.</p> <p>The act incorporating the “Board of Levee Commissioners of Bolivar, Washington and Issaquena Counties,” approved November 27, 1865, provides for the condemnation of lands of individuals for levee purposes, and for a jury of “freeholders or householders,” to assess the damages sustained. The failure of the record of the proceedings had in such case to show that the jury were freeholders or householders is a fatal defect; for which, upon a certiorari, the verdict may he set aside and the whole proceedings of inquisition quashed.</p> <p>2. Same. One jury of inquest for several different land-owners.</p> <p>A proceeding had under the act above- referred to is not objectionable because but one jury was summoned to assess the damages of several different landowners, and such jury returned one verdict, embracing the several assessments of damages, the act not requiring a different jury for each land-owner.</p>