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· 3/15/1915

Thornton v. Town of Charleston

Citations

  • 109 Miss. 255
  • 68 So. 169

Syllabus

<p>1. Municipal Corporations. Detachment of territory. Review. Statute. Person aggrieved. Persons interested. Poioers. Ju&icial supervision. Reasonableness of ordinance.</p> <p>Under Code 1880, section 2351, providing that any person who may conceive himself aggrieved by any judgment or decision by the board of supervisors, may appeal to the next term of the circuit' court, where the parties appealing from an order of the board of supervisors adopting an ordinance, proposing to cut off a district from a municipality, were not residents or property-owners in the district taken from municipal control, such parties were not persons aggrieved, since “persons aggrieved” is synonymous with “persons interested,” which are persons subjected to substantial grievance, as a denial of some personal or property rights, or imposition of a burden or obligation.</p> <p>2. Municipal Corporations. Powers. Ordinance. Statutes.</p> <p>Since Code 1880, section 2351, providing that any person who may conceive himself aggrieved by any judgment or decision of the board of supervisors may appeal to the next term of the circuit court, confers upon the courts an exceptional power, the courts should not enlarge or extend the right of appeal by giving a ' broader meaning to the phraseology of the-statute than is warranted by the words employed.</p>

Judges: Cook

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