Cumberland Telephone & Telegraph Co. v. Morgan

Citations

• 92 Miss. 478
• 45 So. 429

Syllabus

<p>1. Eminent Domain. Code 1906, eft. 43. Persons entitled.</p> <p>The Code 1906, ch. 43, entitled “Eminent Domain” and providing for the exercise of the right, authorizes proceedings only by persons or corporations having the right to condemn private property for public use, and unless the application show the applicant to have such right the proceedings of a court organized under it are void.</p> <p>2. Same. Joinder of party over protest.</p> <p>An application under the statute to exercise the right of eminent domain, by a party without right to condemn, is not aided by the formal joinder therein, over its protest, of a corporation having the right.</p> <p>3. Same. Jurisdiction. Circuit court.</p> <p>In such case the special court is without jurisdiction and the circuit court could acquire none by appeal from the special court.</p>