Legal Opinion

McGraw v. Board of Sup'rs of Winston County

Mississippi Supreme Court

Decided March 15, 1921No. 21378PublishedCited by 4 opinions

Appeal from circuit court of Winston county. Hon. T. L. Lamb, Judge. Application for writ of Mandamus by J. D. McGraw against the board of supervisors of Winston county to compel the issuance of a warrant for a payment of money.

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Appeal from circuit court of Winston county. Hon. T. L. Lamb, Judge. Application for writ of Mandamus by J. D. McGraw against the board of supervisors of Winston county to compel the issuance of a warrant for a payment of money. From a judgment of dismissal petitioner appeals., The issuance of a warrant or order upon a claim properly audited and allowed by the board of supervisors is ■usually regarded as a ministeral duty, which may be enforced by mandamus. 26 Cyc., 315; Kelly v. Wimberly, 61 Miss. 548. The circuit court has unquestioned authority to require subordinate judicial officers to…

1Opinion of the CourtW. H. Cook, J.

Apjiellant, J. D. McGraw, filed a petition in the circuit court of Winston county, praying for the issuance of a writ of mandamus requiring the board of supervisors to issue to him a Avarrant for the sum of one thousand three hundred sixty-one dollars and tAventy-five cents, and from a judgment dismissing the petition, this appeal was prosecuted.

The facts as developed on the trial of this petition were substantially as follows: In the year 1916, under the provisions of chapter 176, of the Laws of 1914, a road district was formed of a portion of Winston county. Commissioners Avere appointed,…

2Cases cited1 opinion

  1. Board of Supervisors v. GillenMississippi Supreme Court · 1881

3Cited by4 opinions

  1. Mississippi Fire Ins. v. EvansMississippi Supreme Court · 1929
  2. First Nat. Bank v. Monroe CountyMississippi Supreme Court · 1923
  3. Davis Co., Inc. v. Guaranty BankMississippi Supreme Court · 1932
  4. Watkins Development LLC v. Jackson Redevelopment AuthorityMississippi Supreme Court · 2019

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