Strahan v. Attala County

Citations

• 91 Miss. 529
• 44 So. 857

Syllabus

<p>Highways. Establishment. Statutory proceedings. Code 1906, § 4400. Board of supervisors. Discretion. Hearings.</p> <p>Under Code 1906, § 4400, prescribing procedure for the establishment of new highways:—</p> <p>(a) The question whether public necessity demands the opening of the proposed road is addressed to the sound discretion of the board of supervisors; and</p> <p>(b) Where petitioners for a new highway stated to the board what their witnesses would testify and the board, admitting all to be true as stated, adjudged that public necessity did not demand the opening of the proposed road, error cannot be predicated of the fact that the witnesses were not heard to testify.</p>