Legal Opinion

Board of Sup'rs of Jefferson County v. Lessing

Mississippi Supreme Court

Decided March 15, 1922No. 22490PublishedCited by 6 opinions

Appeal from circuit court of Jefferson county. Hon. R. L. Corean, Judge. Suit by Fred Lessing against the board of supervisors of Jefferson county. Judgment for plaintiff, and the defendant appeals.

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Appeal from circuit court of Jefferson county. Hon. R. L. Corean, Judge. Suit by Fred Lessing against the board of supervisors of Jefferson county. Judgment for plaintiff, and the defendant appeals. The board of supervisors contends, with reason, that it has the right in a case where there are many claims incident to the building of a highway, to continue all of them until such time as the highway is built and then with full knowledge of all the circumstances and varying local conditions, to pass upon and settle the claims. The reasonableness of this view is apparent. Otherwise the board…

1Opinion of the CourtAnderson, J.

Appellee, Fred Lessing, sued appellant, board of supervisors of Jefferson county, in the circuit court of that county for damages alleged to have been done his land by appellant in changing the course of one of the public roads of said county, and recovered judgment, from which appellant prosecutes this appeal.

The only question in the case is whether appellee before suing complied with section 311, Code of 1906 (section 3684, Hemingway’s i’ode). That statute is in this language :

“A person having a just claim against any county shall first present the same to the board of supervisors thereof…

2Cases cited2 opinions

  1. Clay County v. Chickasaw CountyMississippi Supreme Court · 1898
  2. City of Brookhaven v. Lawrence CountyMississippi Supreme Court · 1877

3Cited by6 opinions

  1. Margie Reliford, Administratrix of the Estate of Henderson G. Reliford, Deceased v. Eastern Coal CorporationCourt of Appeals for the Sixth Circuit · 1958
  2. Maestas v. American Metal Co.New Mexico Supreme Court · 1933
  3. Grenada County v. NasonMississippi Supreme Court · 1936
  4. Grenada County v. City of GrenadaMississippi Supreme Court · 1933
  5. Hicks v. ConnCourt of Appeals of Kentucky (pre-1976) · 1937

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