Legal Opinion

Foote v. Board of Supervisors

Mississippi Supreme Court

Decided October 15, 1889PublishedCited by 1 opinion

From the circuit court of Noxubee county. Hon. S. H. Terral, Judge. One J. C. Gilmore, having contracted with the board of supervisors of Noxubee county for the building of two bridges, obtained from appellant Foote the money needed in the prosecution of the work, and to secure appellant gave him written orders on the board of supervisors for the issuance to him of warrants for the amounts specified out of the sums to be allowed for the building of the bridges.

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From the circuit court of Noxubee county. Hon. S. H. Terral, Judge. One J. C. Gilmore, having contracted with the board of supervisors of Noxubee county for the building of two bridges, obtained from appellant Foote the money needed in the prosecution of the work, and to secure appellant gave him written orders on the board of supervisors for the issuance to him of warrants for the amounts specified out of the sums to be allowed for the building of the bridges. These orders were presented by appellant to the clerk of the board of supervisors, who made a memorandum of them in a book kept for…

1Opinion of the CourtCampbell, J.

The appellant is the equitable assignee of a portion of what is due from the appellee to Gilmore, but does not sustain such relation to the appellee as to entitle him to demand an allowance of his claim and the issuance of a warrant in his favor. Wherefore the mandamus was properly refused.

Affirmed.

2Cited by1 opinion

  1. Hook v. Bank of LelandMississippi Supreme Court · 1924

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