Westbrook v. Board of Supervisors
Mississippi Supreme Court
■ This was a suit by Dr. J. H. P. Westbrook for salary as county health officer of De Soto county. He was appointed to this office by the Governor April 7, 1880, and served as such until his resignation on November 1, 1882. He presented his account for services rendered from July 1, 1880, to January 1, 1882, $270, which was allowed, and-by the board of supervisors paid in accordance with a resolution passed by said board in July, 1880, which reads, “ In this cause the board…
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■ This was a suit by Dr. J. H. P. Westbrook for salary as county health officer of De Soto county. He was appointed to this office by the Governor April 7, 1880, and served as such until his resignation on November 1, 1882. He presented his account for services rendered from July 1, 1880, to January 1, 1882, $270, which was allowed, and-by the board of supervisors paid in accordance with a resolution passed by said board in July, 1880, which reads, “ In this cause the board having read the law, the Acts of 1880, section 12, of the Health Law and duly considered the same. It is by the board…
1Opinion of the Court
Opinion.
Cooper, C. J.:
It was not permissible for Westbrook to institute his suit against the county unless his claim had been presented to the board of supervisors for allowance and had been by it rejected. The rejection of the claim by the board is a condition precedent to a right to sue. Lawrence County v. Brookhaven, 51 Miss. 68; Brookhaven v. Lawrence County, 55 Miss. 187.
Judgment reversed.
One having a claim against a county may, under section 1384, Code of 1871, present it to the board of supervisors for allowance, and if it is rejected, he may bring suit against the county. He cannot…
2Cases cited6 opinions
- Board of Supervisors v. City of BrookhavenMississippi Supreme Court · 1875
- Klein v. Board of SupervisorsMississippi Supreme Court · 1876
- Taylor v. Marion CountyMississippi Supreme Court · 1875
- Clay County v. Chickasaw CountyMississippi Supreme Court · 1898
- Marion County v. WoulardMississippi Supreme Court · 1899
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