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· 3/15/1920

Wilkinson County v. Tillery

Citations

  • 122 Miss. 515
  • 84 So. 465

Syllabus

<p>1. Counties. Practice on, <appeal from decision of supervisors stated.</p> <p>Section-80, Code of 1906 (section 60, Hemingway’s Code), gives a right of appeal to any person aggrieved by a judgment or decision of a board of supervisors and requires that the bill of exceptions embodying the facts as duly presented shall be signed by the person acting as president of the board.</p> <p>2. Appeal and Ebbob. Petitioner for wrrit of certirari to. bring up rec-cord has b\\vrden to duly perfect proceedings.</p> <p>Where petition for writ of certiorari to require the sending up of an unsigned alleged bill of exceptions from an order of the board of supervisors is contested by answer, which denies its correctness and alleges that it was not signed nor agreed to as being correct, the burden of proof is upon the petitioner to show its approval by the person acting as president of the board, and in the absence of such proof the petition should be denied.</p>

Judges: Sykes

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