Klein v. Board of Supervisors
Mississippi Supreme Court
Appeal from the Circuit Court of Smith County. Hon. A. G. Mayers, Judge. On the 23d day of September, 1876, John A. Klein filed a petition in the office of the clerk of the Circuit Court of Smith County, alleging in substance as follows: — 1. That he is the holder and owner of a certain warrant upon the county treasurer of Smith County, in the words and figures following: — No. 864.] State op Mississippi. [$500. SMITH COUNTY.
Read the full summary
Appeal from the Circuit Court of Smith County. Hon. A. G. Mayers, Judge. On the 23d day of September, 1876, John A. Klein filed a petition in the office of the clerk of the Circuit Court of Smith County, alleging in substance as follows: — 1. That he is the holder and owner of a certain warrant upon the county treasurer of Smith County, in the words and figures following: — No. 864.] State op Mississippi. [$500. SMITH COUNTY. By the Board of Police: Pay to J. G. Blackwell, agent, or order, the sum of five hundred dollars, on the first day of January, 1862, allowed by the board of police of…
1Opinion of the CourtSimeall, C. J.
It was error to dismiss the petition of the plaintiff in error. His suit was brought in strict conformity to the Act of April 5, 1876 (Acts 1876, p. 56). The petition under that act constitutes the leading pleading in the suit, and takes the place of the alternative writ upder the former practice. It must state the plaintiff’s claim ; and to it the respondent must plead.
There is nothing in the first cause assigned in the motion to dismiss. Nor is the cause of action barred by the Statute of Limitations, either under the Code of 1857 or of 1871.
The allowance of the claim of the creditor by the…
2Cases cited3 opinions
- Carroll v. Board of PoliceMississippi Supreme Court · 1854
- Board of Supervisors v. City of BrookhavenMississippi Supreme Court · 1875
- Klein v. Board of SupervisorsMississippi Supreme Court · 1876
3Cited by8 opinions
- Anderson v. RobinsMississippi Supreme Court · 1931
- Gutta Percha & Rubber Manufacturing Co. v. City of AshlandWisconsin Supreme Court · 1898
- Taylor v. State ex rel. CollinsMississippi Supreme Court · 1920
- Suhr v. County of DodgeSupreme Court of Minnesota · 1931
- Taylor v. Board of SupervisorsMississippi Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.