Matthews v. Board of Supervisors
Mississippi Supreme Court
Error to the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The case rests on one question, whether the default stated and admitted is a bar to the plaintiff’s action ? We submit to the court that the State, and its instrumentality, the county, having allowed the plaintiff elected by the people to occupy the office for his full term, and perform all its laborious and expensive duties, under a commission issued to him, are estopped now to deny the title of the…
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Error to the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The case rests on one question, whether the default stated and admitted is a bar to the plaintiff’s action ? We submit to the court that the State, and its instrumentality, the county, having allowed the plaintiff elected by the people to occupy the office for his full term, and perform all its laborious and expensive duties, under a commission issued to him, are estopped now to deny the title of the incumbent, on this question of remuneration. The doctrine of estoppel applies to a State as to an individual. Vermont v.…
1Opinion of the CourtChalmers, J.
J. P. Matthews, late sheriff of Copiah County, brought his action of assumpsit against the county to recover the amounts which had been approved by the district attorney, and allowed by the Circuit Court as his official fees, as jailer, for victualling prisoners, and for the services of extra bailiffs in attending on a term of the Circuit Court. The board of supervisors refused to pay the accounts, and hence this suit.
The defence was that the plaintiff, during his entire term of office, as well as at the time of the institution of the suit and the filing of the plea, was a defaulter for…
2Cases cited6 opinions
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- People on rel. Morton v. TiemanNew York Supreme Court · 1859
- Kimball, Raymond & Co. v. Alcorn & FisherMississippi Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
- Schloss v. HewlettSupreme Court of Alabama · 1886
- Sheridan v. City of St. LouisSupreme Court of Missouri · 1904
- Ness v. City of FargoNorth Dakota Supreme Court · 1933
- Waterman v. Chicago & Iowa RailroadIllinois Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.