Taylor v. Board of Supervisors
Mississippi Supreme Court
From tlie circuit court of the first district of Chickasaw county. Hon. Lock E. Houston, Judge. Mandamus by appellant to compel defendants, the board of supervisors of Chickasaw county, to levy a tax and provide funds for the payment of certain claims against the county held by petitioner, to wit: one hundred and twelve warrants, drawn on the county treasurer by order of the police court, four by order of the circuit court, two by order of the probate court, and eighty-four…
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From tlie circuit court of the first district of Chickasaw county. Hon. Lock E. Houston, Judge. Mandamus by appellant to compel defendants, the board of supervisors of Chickasaw county, to levy a tax and provide funds for the payment of certain claims against the county held by petitioner, to wit: one hundred and twelve warrants, drawn on the county treasurer by order of the police court, four by order of the circuit court, two by order of the probate court, and eighty-four jury certificates or warrants issued by the clerk of the circuit court of said county. These warrants, aggregating in…
1Opinion of the CourtCooper, J.
Although the claims sought to be enforced by the petitioner are very old ones, we are unable to perceive any valid reason why they should not now be paid.
It was long ago decided that no statute of limitations applied to judgments of the county authorities allowing claims against the counties, for the reason that the party entitled to payment cannot coerce satisfaction by suing out execution. Carroll v. Tishomingo County, 28 Miss., 38; Klein v. Supervisors, 54 Miss., 254.
The allowance of the claims by the county authorities carried with it an obligation to provide funds to pay them, and for…
2Cases cited4 opinions
- Carroll v. Board of PoliceMississippi Supreme Court · 1854
- Klein v. Board of SupervisorsMississippi Supreme Court · 1876
- Honea v. Board of SupervisorsMississippi Supreme Court · 1885
- Westbrook v. MungerMississippi Supreme Court · 1883
3Cited by3 opinions
- Comans v. TapleyMississippi Supreme Court · 1911
- Herbon Bank v. Lawrence CountyMississippi Supreme Court · 1915
- Aetna Ins. v. RobertsonMississippi Supreme Court · 1922