Marion County v. Woulard
Mississippi Supreme Court
Fi:,om the circuit coart of Marion county. Thaddex’s A. Wood, Judge. The appellee, the plaintiff in the court below, recovered judgment against Marion county, defendant there, for $78.50 for services rendered in 1897 as quarantine guard on the public road leading into the town of Purvis on the south, lie was employed by the county health officer, who had been appointed by the state board of health, to guard this road, and it was agreed between them that his compensation…
Read the full summary
Fi:,om the circuit coart of Marion county. Thaddex’s A. Wood, Judge. The appellee, the plaintiff in the court below, recovered judgment against Marion county, defendant there, for $78.50 for services rendered in 1897 as quarantine guard on the public road leading into the town of Purvis on the south, lie was employed by the county health officer, who had been appointed by the state board of health, to guard this road, and it was agreed between them that his compensation should be fixed and paid by the board of supervisors of the county. The authority of the health officer was entirely verbal,…
1Opinion of the CourtWhith'ield, J.
There is not á hint in the record that this claim against the .county was ever presented to the board of supervisors for allowance. Such presentation is a condition precedent to the right to sue. Code of 1892, §§ 79, 320, and especially § 292, and authorities thereunder.
Nor was there any contract made on the minutes of the board. Bridges v. Supervisors, 58 Miss., 817. Nor was there on the said minutes any order “establishing local quarantine,” nor any prescribing “reasonable rules and regulations” to “enforce” the same, as contemplated by § 2278, code of 1892.
Reversed and remanded.
2Cases cited1 opinion
- Bridges v. Board of SupervisorsMississippi Supreme Court · 1881
3Cited by4 opinions
- Richardson v. Canton Farm Equipment, Inc.Mississippi Supreme Court · 1992
- Gilchrist-Fordney Co. v. KeyesMississippi Supreme Court · 1917
- Lamar County v. TallyMississippi Supreme Court · 1917
- Westbrook v. Board of SupervisorsMississippi Supreme Court · 1884