Robinson v. Board of Sup'rs of Itawamba County
| Decision Date | 15 June 1914 |
| Docket Number | 171334 |
| Citation | 65 So. 461,107 Miss. 352 |
| Parties | FLOYD ROBINSON, BOARD COM'RS et al. v. BOARD OF SUPERVISORS OF ITAWAMBA COUNTY |
| Court | Mississippi Supreme Court |
APPEAL from the circuit court of Itawamba county. HON. CLAUDE CLAYTON, Judge.
Petition by Floyd Robinson and others, road commissioners, to the board of supervisors of Itawamba county, for an order for publication of the sales of bonds, and from an order of the circuit court affirming an order of the board denying the order, petitioners appeal.
The facts are fully stated in the opinion of the court.
Affirmed.
Wiley H. Clifton, for appellant.
W. D. & J. R. Anderson, for appellee.
This is an appeal by the road commissioners of the Fourth supervisor's district of Itawamba county from the judgment of the circuit court affirming an order of the board of supervisors of the county. In the order affirmed, the board refused to make any further order in the matter of the sale and issuance of bonds of the road district. This matter was before us on a former appeal. Robinson v Board of Supervisors, 105 Miss. 90, 62 So. 3. The opinion delivered by us on that hearing contains a statement of the case as far as it had progressed at that time. It was therein held that mandamus would not lie to compel the board of supervisors to issue and sell the road bonds as desired by the commissioners; that the commissioners had the right. of appeal, provided in section 80 of the Code of 1906, to the circuit court, from the decision of the supervisors. Shortly after the decision of the case on the former appeal appellants filed with the board of supervisors a supplemental report and petition. In this they reviewed all of the proceedings in the matter before the supervisors up to and including the final order, which was the foundation for the mandamus suit, and prayed: (1) For another order for publication of the sale of bonds; (2) for allowance to commissioners and surveyors; and (3) for the fixing of the amount of the bonds to be offered for sale at either the sum of nineteen thousand five hundred dollars or twenty-one thousand dollars. In a prior order of the board the amount of the bonds had been fixed at twenty-one thousand dollars. In the order of the board made at the February term, 1913, in response to a second supplemental report and petition, asking the board to amend and modify an order made at the November meeting, 1911, the board denied the amendments requested, and...
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