Green v. State
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. Cadhoon, Judge. This was an action of assumpsit by J. and T. Green against the State to recover on certain auditor’s warrants issued by the State through her auditor to certain State (civil) officers during 1862, and several years thereafter, for services rendered the State, and assigned to the plaintiffs fora valuable consideration by the holders thereof.
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Error to the Circuit Court of Hinds County. Hon. S. S. Cadhoon, Judge. This was an action of assumpsit by J. and T. Green against the State to recover on certain auditor’s warrants issued by the State through her auditor to certain State (civil) officers during 1862, and several years thereafter, for services rendered the State, and assigned to the plaintiffs fora valuable consideration by the holders thereof. The declaration averred presentation to the State treasurer in January, 1866, demand for payment in United States currency and refusal to pay, and claimed interest at six per cent per…
1Opinion of the Court
Chalmers, J.,
on the petition for re-argument, delivered the following opinion of the court: —
The error that underlies and runs through the petition for re-argument consists in the assumption that, because the Constitution and statutes make the State liable to all persons having claims against her, “ to the same extent as individual persons are liable to each other,” therefore the claimant is entitled, in every respect, to the same mode and measure of redress as he would be entitled to against a private person. In consonance with this view, it is urged that whether an auditor’s warrant be…
2Cited by2 opinions
- Raymond v. StateMississippi Supreme Court · 1877
- Klein v. Board of SupervisorsMississippi Supreme Court · 1880