The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-03-27
HILL ~ BRIDGES


BOARD SUPRVR'S CLAY Co.
Error to the Circuit Court of Clay county,
Hon. James NJ. Arnold, Judge.
Certain citizens of Clay county presented
their petition to the Board of Supervisors
asking for an additional allowance of $500
to plaintiffs in error over and above their
contract price for building certain bridges.
The ground upon which the allowance was
asked. is that the contractors are young
and inexperienced, and incautiously
became the lowest bidders tor the work at
a sum much less than its value. The Board
refused to make the allowance. There
upon the contractors asked for an appeal
to the Circuit Court, which was granted,
and by consent of the Board and appellants,
bill of exceptions was waived, and the
| further agreement was entered into that
the petition should be tried in the Circuit
Court de moro, and upon evidence to be
introduced in that court by both parties.
In the Circuit Court the Board moved first
to affirm their Judgment, which being over
ruled, they then moved to dismiss the APP
peal for want Of jurisdiction which motion
was sustained. and the appellants excepted
and sued out writ of error to this court.
Barry e. Beckett, for plaintiffs i'll error.
White & Bradshaw for defendant IN
error.
GEORGE, c. j.,
Hega-
l. The Statute which authorizes appeals
from Boards of Supervisors to the Circuit
Court, Code 1888, provides "'that any per-
sons aggreved by any Judgment or decis-
ion of the Board, may appeal to the next
term of the Circuit Court, and may embody
the facts and evidence In bill of exceptions
which shall be signed by the President of
the Board, and that it shall be the duty of
the Board to grant the appeal when de-
manded and the Clerk shall transmit the
proceedings to the Circuit Court which
Shall hear and determine the same, on the
case presented by the bill of exceptions, as
an appellate court, and shall affirm or re-
verse the Judgment"
.. 1t has been settled from an early day in
this State, that appeals are not matter of
right, and are allowable only in cases pro-
vided for by statute; and then only ON the
terms prescribed by the statute that these
terms must be strictly complied with and
are conditions precedent to the Jurlsdic-
ton of the appellate court.
g. Under our Code the trial in the Circuit
Court in such cases shall be before the
Judge and upon the case made by the bill
of exceptions, and the only judgment
which can be rendered is either of affirm
ance or reversal, 1t is not in the power of
the Board of SuservisOrs to consent to any
other mode of trial, nor to give to the
Circuit Court Jurisdiction to render a
judgment not authorized by the statute.
4. The Circuit Court did right in dismis-
sing the appeal The claim on its face was
an application to the Board of Supervi-
sors TO make donation to the contrac-
tors. The Board had no power to appro-
pirate tho money of the county in that
way, and if it had done so each member
voting for it would, under the statute, have
been liable on his bond for the amount. |
The Circuit Court was equally pOwerless
to make such an appropriations and its
judgment ordering it, if the nature of the |
claim appeared by the record would have |
been a nudity.
Judgment affirmed,