41 So. 2d 5 | Miss. | 1949
Appellants filed their petition in the circuit court against appellees, as Commissioners of the Black Creek Drainage District of Holmes County, "for a writ of mandamus against the defendants requiring the defendants without delay to make all necessary and reasonable repairs to" Gunnagusha Creek; further praying "that all necessary steps of eminent domain be taken as by law provided for the condemnation of any land necessary to reasonably accomplish" the turning back of all waters of said creek into its original channel; and also "that said creek be reasonably repaired so that future flood hazards will be reduced."
To this petition appellees demurred generally, which was sustained by the following order, to-wit: "This day this cause came on to be heard upon the demurrer of defendants to the petition filed in this cause, and the same having been considered, it is ordered that said demurrer be and the same is hereby sustained, and the petitioners praying an appeal to the Supreme Court it is ordered that the same be granted and that an appeal bond be and the same is hereby fixed at the sum of $300."
(Hn 1) It is the primary duty of this court to determine its jurisdiction of causes, and, ex mero motu, we *796
address ourselves at once to that question. (Hn 2) Not so long ago, we reannounced the rule that appeals from interlocutory orders or decrees apply only to cases in chancery courts. Craig, State Tax Collector, v. Barber Brothers Contracting Co.,
(Hn 3) We have also held that a final judgment of the circuit court is a judgment adjudicating the merits of the controversy. Gulf S.I.R. Company v. Williams,
It follows that this Court is without jurisdiction of this case by this appeal, which must be, and is, dismissed.
Appeal dismissed. *797