83 Miss. 631 | Miss. | 1903
delivered the opinion of the court.
There is no merit in any of the contentions of the appellant. The objection that the railroad was constructed and put into operation long before the highway was laid out and opened is settled by the case of the I. C. R. R. Co. v. Copiah County, 81 Miss., 685; s. c., 33 So., 502. No objection can bo made to the action of the board of supervisors in establishing this highway, upon the ground of mere irregularities. That would be to permit a collateral attack upon the judgment. No appeal had been taken. The only grounds upon which it is seriously urged that the judg
As to the second objection, very earnestly pressed, it is completely answered by the act of March 23, 1896, amending § 3892 of the code of 1892, which act seems to have entirely escaped the attention of the learned counsel for appellant. This act ought to have been interleaved in the published acts of 1896, between pages 152 and 153. That amendment expressly provides that the committee shall consist “of two disinterested free holders of
Affirmed.