National Surety Co. v. Board of Supr's
Mississippi Supreme Court
Appeal” from the chancery court of Holmes county. Horn. A. T. Woodward, Chancellor. On suggestion of Error, Suggestion of error in former opinion, 81 So. 792, 120 Miss. — , sustained in part and overruled in part. Judgment rendered dismissing complainants bill, set aside and annulled, and decree of lower court reversed and cause remanded. The fact's are fully stated in the opinion of the court.
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Appeal” from the chancery court of Holmes county. Horn. A. T. Woodward, Chancellor. On suggestion of Error, Suggestion of error in former opinion, 81 So. 792, 120 Miss. — , sustained in part and overruled in part. Judgment rendered dismissing complainants bill, set aside and annulled, and decree of lower court reversed and cause remanded. The fact's are fully stated in the opinion of the court. The first of the points on which the court asks argument, “is the designation of the plaintiff (complainant) in the declaration (bill of complaint), as the ‘board of supervisors of Holmes…
1Opinion of the Court
HoldeN, J'.,
delivered the opinion of the court.
It is urged that we erred in our decision of this case, National Surety Co. v. Board of Supervisors of Holmes County, 81 So. 792. It will be observed from our'previ-our opinion that we held that the board of supervisors had no authority to sue in its. own name for the benefit. of the county or any part of it, but that such suits must be instituted in the name of the county,, The position taken and urged now by the appellee is that our holding is unsound for the reason that the suit in the name of the board for the benefit of the county was merely…
2Cases cited5 opinions
- Fountain v. County of PittSupreme Court of North Carolina · 1916
- Globe Rutgers Fire Insurance v. SayleMississippi Supreme Court · 1914
- Commissioners v. Bank of CommerceSupreme Court of the United States · 1878
- Union Pacific Railroad v. Board of County CommissionersSupreme Court of Kansas · 1904
- National Surety Co. v. Board of SupervisorsMississippi Supreme Court · 1919
3Cited by10 opinions
- Masonite Corp. v. BurnhamMississippi Supreme Court · 1933
- Dansby v. North Carolina Mutual Life InsuranceSupreme Court of North Carolina · 1936
- Stevenson v. Richardson CountyDistrict Court, D. Nebraska · 1949
- Holmes County v. Burton Const. Co.Court of Appeals for the Fifth Circuit · 1921
- Universal Life Ins. Co. v. CatchingsMississippi Supreme Court · 1934
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