Horton v. Lincoln County
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit by A. N. Horton against Lincoln county. Prom a judgment sustaining a demurrer to the declaration, plaintiff appeals. The facts are fully stated in the opinion of the court. The circuit judge committed error in sustaining the demurrer to the declaration. Chapter 222 of the Acts of the Mississippi legislature of 1914, clearly authorizes the board of supervisors to pay a claim of this nature.
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Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit by A. N. Horton against Lincoln county. Prom a judgment sustaining a demurrer to the declaration, plaintiff appeals. The facts are fully stated in the opinion of the court. The circuit judge committed error in sustaining the demurrer to the declaration. Chapter 222 of the Acts of the Mississippi legislature of 1914, clearly authorizes the board of supervisors to pay a claim of this nature. The word “may” in this, law is properly interpreted “must.” ' A regular and honest claim of this kind must be paid by the…
1Opinion of the CourtEthridge, J.
A. N. Horton, a citizen of Lincoln county, filed a suit in the justice court of district 1 of said county against the board of supervisors for damages for dipping a cow in April, 1917. The declaration is in the following words:
“Comes plaintiff, resident citizen of Lincoln county, Miss., and complains of Lincoln county, and states the cause of action: That in April, 1917, he was compelled under the law of the state of Mississippi to dip a cow. That when the cow was dipped, she got some of the mixture in which she was dipped in her mouth and swallowed it, which caused her death' in a few days…
2Cited by7 opinions
- McFarland v. Utica Fire Insurance Co. of Oneida County, New YorkDistrict Court, S.D. Mississippi · 1992
- King v. Mississippi Power & Light Co.Mississippi Supreme Court · 1962
- Stokes v. Great Southern Lumber Co.District Court, S.D. Mississippi · 1927
- George County v. BufkinMississippi Supreme Court · 1918
- Perry v. Standard Oil Co.District Court, S.D. Mississippi · 1936
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