Hardee v. Brooks

Citations

• 107 Miss. 821
• 66 So. 216

Syllabus

<p>1. Drains. Organization of district. Jurisdiction. Injunction. Remedy by appeal. Proceedings. Objections.</p> <p>Where a petition is filed with the chancery clerk of a county under chapter 197, of the act of 1912, entitled, “An act to create additional methods of organizing and maintaining drainage districts and providing for the validity of any drainage district heretofore organized under chapter 39, of the Code 1906, that may come under the provision of this act,” this does not confer any jurisdiction to create a district under sections 1682-1727, since a landowner examining the petition in which the statute under which the district is to be created is designated, is entitled to rely upon its being created in accordance therewith, and might seriously object if it were created under some other statute having different provisions.</p> <p>2. Injunction. Remedy by appeal. Proceedings. Objections.</p> <p>The fact that the owner did not appear and object at the hearing of a petition for the creation of a drainage district, nor appeal to the supreme court from an order establishing such district, does not preclude him, on the filing of a bill to enjoin the issuance and sale of bonds of the established district, from questioning the courts jurisdiction to establish the district, where such questions was one of law to be determined by an inspection of the record, although if the objection raised only a question of fact, the chancellor’s decision at the hearing could only be reviewed by appeal.</p>