Nabors v. Smith
Mississippi Supreme Court
Appeal from circuit court of Yazoo county. Hon. W. H. Potter, Judge. Suit by one Smith and another against J. W. Nabors and others, trustees of the Holly Bluff Consolidated School District. Prom a judgment for plaintiffs, defendants appeal. The first ground of the demurrer is that “the trustees of a consolidated school district have no authority to sue or be sued.”
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Appeal from circuit court of Yazoo county. Hon. W. H. Potter, Judge. Suit by one Smith and another against J. W. Nabors and others, trustees of the Holly Bluff Consolidated School District. Prom a judgment for plaintiffs, defendants appeal. The first ground of the demurrer is that “the trustees of a consolidated school district have no authority to sue or be sued.” The principle is fundamental that neither the general government nor the state can be sued, except in cases where they are expressly, through statute, authorized to be sued, nor can the state be sued, except upon such claims or…
1Opinion of the CourtAnderson, J.
Appellees Smith and Strickland sued appellants J. W. Nabors, W. H. Yankee, and E. B. Crawford, trustees of Holly Bluff consolidated school district, in the circuit court of Yazoo county, and recovered a judgment from which appellants prosecuted this appeal. The controlling question is whether or not the trustees of a consolidated school district are subject to suit.
Ayers v. Agricultural High School (Miss.), 98 So. 847, is controlling. What was said in that case with reference to the question whether an agricultural high school was subject to suit applies with equal force to a consolidated…
2Cases cited1 opinion
- Ayres v. Board of TrusteesMississippi Supreme Court · 1924
3Cited by7 opinions
- Parks v. Carriere Consol. School Dist.Court of Appeals for the Fifth Circuit · 1926
- Alex Loeb, Inc. v. Board of TrusteesMississippi Supreme Court · 1935
- Fernwood Rural Separate School Dist. v. Universal Rural Separate School Dist.Mississippi Supreme Court · 1934
- Stringer v. RoperMississippi Supreme Court · 1929
- Stevens v. Brookhaven Municipal Separate School Dist.District Court, S.D. Mississippi · 1934
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