Evans v. Sharkey County

Citations

• 89 Miss. 302
• 42 So. 173

Syllabus

<p>Highways. Laymg out. Board of supervisors. Bode 1892, § 3896. Appeal. Bill ■ of exceptions. Bond. Motion for neto trial. Recitals.</p> <p>Under Code 1892, § 3896, providing for an appeal from the judgment of a board of supervisors condemning lands for a highway:</p> <p>(a) A bill of exceptions is required only when it is desired to review matters of law arising in the course of the proceeding and not where the appeal is simply to have the damages assessed by a jury; but</p> <p>(&) An aiipeal in such case will be dismissed if the bond therefor is not payable to the county, was not approved by the president of the board of supervisors, and not filed until after the adjournment of the board; and</p> <p>(e) The record in such a case cannot be aided by mere recitals in a motion for a new trial.</p>