City of Brookhaven v. Lawrence County
Mississippi Supreme Court
Error to the Circuit Court of Lawrence County. Hon. A. Gi. Mayers, Judge. This action was brought by the plaintiff in error against the-•defendant in error, to recover the amount of a claim which the Board of Supervisors of Lawrence County had refused to .allow. On the trial the plaintiff’s attorney proposed to prove by two witnesses, H. C. Conn and B. Or.
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Error to the Circuit Court of Lawrence County. Hon. A. Gi. Mayers, Judge. This action was brought by the plaintiff in error against the-•defendant in error, to recover the amount of a claim which the Board of Supervisors of Lawrence County had refused to .allow. On the trial the plaintiff’s attorney proposed to prove by two witnesses, H. C. Conn and B. Or. Atkins, that the ■ claim sued on was presented to the Board of Supervisors before the action was commenced, to be audited and allowed, .and that the board verbally refused to allow it, and also refused to have an entry made showing their…
1Opinion of the CourtCampbell, J.
The fact of the presentation of a claim against the county to its Board of Supervisors, and its refusal to allow it, may be proved by parol in a suit by the claimant, under section 1384 of the Code.
The law requires to be kept a ‘ ‘ record of all the proceedings and orders of the board” (Code, sec. 1361), but where the board refuses to allow a claim presented to it for allowance, and does not make any order about it, which is recorded, it is not perceived that any good reason exists for refusing to permit the fact of presentment and refusal to allow the claim to be proved by the only evidence…
2Cited by3 opinions
- Board of Sup'rs of Jefferson County v. LessingMississippi Supreme Court · 1922
- Grenada County v. City of GrenadaMississippi Supreme Court · 1933
- Westbrook v. Board of SupervisorsMississippi Supreme Court · 1884