Board of Supervisors v. Niles
This text of 58 Miss. 48 (Board of Supervisors v. Niles) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the court.
The Board of Supervisors should have been admitted to defend the suit. True, a decree rendered in it would not have concluded them, and, ordinarily, parties who will not be affected by a litigation have no right to intervene ; but in this case the road-overseer was the mere representative of the Supervisors, or of the public, and he refused to make any defence. If he had been enjoined, so might each successive overseer whom the board might appoint, each one of them being willing to be relieved of the duty of opening the road or unwilling to expend any money in the litigation.
Under these circumstances it was eminently proper that the .real parties interested — to wit. the people of the county, as represented by the Board of Supervisors — should be allowed to come in and have the question.settled once for all.
The decree will be reversed and the board admitted to defend.
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Cite This Page — Counsel Stack
58 Miss. 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-supervisors-v-niles-miss-1880.