Equen v. Arterbury

Citations

• 121 Miss. 76
• 83 So. 406

Syllabus

<p>1. Drainage. Legislature to provide for establishment.</p> <p>It is the province of the legislature to provide for the establishment of drainage districts and the authority, as well as the procedure, for the creation of the drainage district, is governed by the statute.</p> <p>2. Drains. Concurrent jurisdiction of courts in' either of two counties to establish.</p> <p>Under Laws 1914, chapter 269, section 1, providing that if land in more than one county is embraced in a proposed drainage district, the application should be made to the chancery court of either county, and all proceedings should be had in such chancery court, does not withdraw jurisdiction to establish such a drainage district from a chancery court because proceedings had originally been instituted in the court of another county.</p> <p>3. Drains. Dismissal of petition not res judicata.</p> <p>The action of a chancery court in dismissing a drainage petition does not render the matter res adjudioata so as to preclude favorable action by the chancery court of another county on substantially the same petition, especially since Laws 1912, ch. 269, section 4, provides that engineers’ reports, surveys, etc., in the first proceeding shall be paid for as part of the cost in a subsequent proceeding.</p>