Davis v. Lamar County
Mississippi Supreme Court
Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Suit hy H. Davis against Lamar county. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We have never before heard the contention advanced that section 311 applied to any sort of a claim against the county, except actions arising ex contractu.
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Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Suit hy H. Davis against Lamar county. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. We have never before heard the contention advanced that section 311 applied to any sort of a claim against the county, except actions arising ex contractu. The appellant here was suing for a tort, pure and simple, to recover unliquidated damages; so then it would have been useless, and the law never contemplated that the party claiming to be damaged should present a claim to…
1Opinion of the CourtCook, J.
This suit was begun in the circuit court by appellant against the board of supervisors of Lamar county. The declaration avers that the road contractor, acting under the orders of the board of supervisors, departed from the well-defined limits of the public road, and appropriated a part of the lands of appellant, and destroyed the shade trees growing on appellant’s land. The declaration seeks to recover the value of the land so appropriated, together with damages for the destruction of the shade trees. The board of supervisors, appellee here, demurred to the declaration, the trial court…
2Cases cited1 opinion
- Barrett v. City of MobileSupreme Court of Alabama · 1900
3Cited by4 opinions
- Jackson v. Monroe CountyMississippi Supreme Court · 1919
- Dorsey v. County of AdamsMississippi Supreme Court · 1963
- Illinois Cent. R. v. Board of Sup'rsMississippi Supreme Court · 1924
- Runge v. NECAISE CONST. CO., INC.Mississippi Supreme Court · 1985