Polk v. City of Hattiesburg

Citations

• 110 Miss. 80
• 69 So. 1005

Syllabus

<p>Municipal Corporations. Yacating streets. Appeal. Bill of exceptions. Statutes.</p> <p>Under Code 1906, section 80, giving a right of appeal to any person aggrieved by a city’s action, and requiring that the bill of exceptions embodying the facts, if duly presented,' shall be signed by the presiding officer of the acting board or of the municipal authorities. Where in proceedings to close .an alley objections were filed, and upon issuance by tbe city authorities of an order closing the alley, the objector presented to the mayor and commissioners a bill of exceptions, which although the mayor approved it as correct, he, under the advice of counsel, refused to sign, unless compelled by mandamus. In such case the appeal to the circuit court was properly perfected, section 80, providing a summary proceeding for appeals of this character, even investing the circuit court with jurisdiction of the whole record, the actual consent of the mayor to the correctness of the bill being sufficient to perfect the appeal, there being no time prescribed by section 80 within which an appeal must be prosecuted, only that the party aggrieved should appeal “to the next term of the circuit court.” In such case sections 83 and 95, Code 1906, have nó application.</p>