Helm & Northwestern Railroad v. Turner

Citations

• 89 Miss. 334
• 42 So. 377

Syllabus

<p>Eminent Domain. Appeal. Waiver. Constitutional law. Const. 1890, see. 17. Code 1892;- §§ 1693, 1696.</p> <p>Under tlie constitutional provision tliat private property shall not be taken or damaged for public use except on due compensation being first made to the owner and the statutes regulating procedure in eminent domain cases, an appeal by the applicant to the circuit court is properly dismissed where he deposited with the clerk of the court the amount of the award, allowed it to be paid over to the owner, and took possession of the land condemned, such acts constituting a waiver of the right of appeal.</p>