Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-10-12

"A. trse supreme court Of the state
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Srr. oargy vs. The Justices Of Campbell County.
"a. co,rf1 Court Of Campben made an order for
ti,e buildinp Of new Courthouse IN Jaeksooro',
re seat of Justice and appointed hve commission
srs to make the necessary contract. Inc pialnEns
citizen and owner of property IN the county, Esk-
al fo an onneal to the Circuit Court from that or
der. and the same was refused BY the Court He
49, osoDts5 his petition to the Circuit Judge for
a writ ~ Certiorari to bring up the case, and the
same vas granted. At the September term Of the
Circuit Court upon motion, the petition was dismiss
ed and appeal taken to this Court. The first and
onlv question to be considered is whether any cit
zen Of the county has the right to appealfrom such
an order of the County Court. We think il very
clear that no such right exists The right is claim
ed under theaets Of 1874, Oh. SO, Mic. Sup IL. It
provides that VIXEN 'any person may conceive MIN
self injured by any decree decision Of any County
Court OF by said County Court making allowances
out of the public or county monies, an appeal may
be taken by any aggrieved The DEGREES OF oe-
csions meant by Che act such as relate TO- or d.
rectly affect an Individual, and not those general
police orders which acct all citizens alike II
ould he intoerable to allow the County Court TO be
obstruoted and harrassed by every man who might
be dissatisfied with such orders as they might deem
Necessary for the general good and to higate their
power with any and every citizen. All their DEGREES
or decisions touching the rights Of any particular IN
dividual, may be appealed from by the person 50 al
fected but none other Even orde1for the levy
ing of county tax, which touches the interest Of
everv tax payer does not fall under this act was
decided in Obion CauRty Court vs.. Marr, Hump.
6Ss. Because, as the Court holds that was a NUM-
epal power given for the regulation Of the fiscal a
fairs Of the county. 'from which no appeal is Civ
en-" This is surely weaker case Here no tax
was laid, but only police order contemplating an
improvement which nj Oh result In future assess
ment of tax to raise the funds necessary for the
purpose. But even if this assessment had been
made at the time the referred to settles that no
appeal would lie. If the objections stated IN the
petition are such as to render the order illegal and
void il viii be for any person who may ask bene
it. or be affected by it, to make the objection not
a voluntser So in the case Of an order levyIng a
tar the contest must be between the tsxcoHector and
fbe tax. PAYER not one whose property remains I'M
touched This must be So the administration Of the
notice Of the counties would become impraeucable
The only other case besides the one where the right
ofaparticular individual is affected by the decision
of the Court, is where an allowance is made out of
the public monies In this case, each citizen may
be regarded as having an interest in the county
funds. he may appeal from an improper allowance
of claims against it. But the order in this case
makes no allowance, and cannot fall under that
clause The Judgment dismissing the CStiorar
must be affirmed. OAaUTHERs.