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· 3/15/1921

Ellis v. Tillman

Citations

  • 125 Miss. 678
  • 88 So. 281

Syllabus

<p>Highways. Commissioners have no authority to let contracts until engineer’s survey and estimate adopted and ratified.</p> <p>The provisions of section 5, chapter 176, Laws of 1914 (Heming-. way’s Code, section 7162), providing for the appointment of road, commissioners and requiring them to employ a competent engineer to survey and lay out such road or roads as should be selected by such commissioners to be constructed and maintained, and making it the duty of such engineer .to make an estimate of the cost of constructing and maintaining such highway for each separate mile covered by such survey, and to report the survey and .estimate to the commissioners before contracts are let for the construction, or the construction and maintenance of such roads, are mandatory, and until such surveys and estimate have been filed and adopted by the commissioners and ratified by the board of supervisors, the commissioners are without authority to let contracts for the construction of such roads.</p>

Judges: Cook

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