Wheeler v. Bogue Phalia Drainage District

Citations

• 106 Miss. 619
• 64 So. 375

Syllabus

<p>1. Drains. Drainage district. Establishment. Review. Code 1906, sections 1689 and 1696. Laws 1910, chapter 189. Laws 1912, chapter 196, section -14. Assessments. Mode of assessments. Statutory, provisions. Proceedings to assess. Assessments. Compensation. Questions of fact.</p> <p>Under Code of 1906, section 1689 providing that upon the hearing of a petition for the organization of a drainage district, the only question to he passed on by the court shall be whether the petition is signed by the number of signers required by that chapter, etc., and that, if the court or chancellor shall find in favor of the petitioners upon all of these points, he shall enter an order to that effect and' refer the petition to the drainage commissioners for proceedings thereon, and under section 1696 as amended by Laws 1910, chapter 189 providing that if, after hearing all objections to the report of the commissioners, the court or chancellor finds that a drainage district should be organized, an order to that effect may be entered substantially according to a form therein set out; and under Laws 1912, chapter 196, section 14 providing that any person feeling aggrieved by the decree organizing a drainage district, or any decree in connection therewith from which an appeal lies, shall appeal within ten days from the date of such decree. Where no appeal was taken from either of the decrees entered under section 1689 and section 1696 as amended, the decree adjudicating that the petition contained the requisite number of signatures, was final and conclusive, and that question could not be reviewed on an appeal from the decree confirming the assessment.</p> <p>2. Drain's. Assessments. Mode of assessments. Inspection.</p> <p>Under Laws 1912, chapter 196, section 2 providing that the drainage commissioners shall go upon the lands of a drainage district, examine it, and assess the benefits to he derived by each separate tract, it is not required that the commissioners shall go upon each ac