Miller v. Board of Supervisors
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. HoN. J. B. ChrismaN, Judge, presided in this case when the demurrer to plaintiff’s replication was overruled, and the HoN. Ralph North, Judge, presided by interchange when the final judgment was rendered.
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From the circuit court of the first district of Hinds county. HoN. J. B. ChrismaN, Judge, presided in this case when the demurrer to plaintiff’s replication was overruled, and the HoN. Ralph North, Judge, presided by interchange when the final judgment was rendered. Appellant, Miller, as district attorney, was entitled to certain fees due by persons who had been convicted of misdemeanors in Hinds county, and who, being unable to pay, were placed in the hands of the' county contractor to work out their fines and costs. The contractor was to pay the county, but there was some controversy…
1Opinion of the CourtCampbell, J.
The rule is that, where a demand is necessary to perfect a right of action, the statute of limitations commences to run from the demand. Some modification of the rule, where the party has it in his power to make his right of action complete, and delays to do it, will be found stated in 13 Amer. & Eng. Enc. of Law, p. 726 et seq. Tried by the cases there cited, we think the plaintiff’s action was not barred ; but, independently of that, -we are unable to say that any statute of limitation applies to the presentation of a claim against the county. All the statutes apply to actions or suits, and…
2Cases cited1 opinion
- Carroll v. Board of PoliceMississippi Supreme Court · 1854
3Cited by3 opinions
- Smith v. Copiah County, MississippiMississippi Supreme Court · 1958
- Grenada County v. NasonMississippi Supreme Court · 1936
- Beury Coal & Coke Co. v. County Court of Fayette CountyWest Virginia Supreme Court · 1915