State ex rel. Lawrence County v. Fortinberry
Mississippi Supreme Court
Error to the Circuit Court of Lawrence County. Hon. A. G. Mayers, Judge. This was an attachment suit against M. M. Fortinberry, late treasurer of Lawrence County, for the sum of $3,062.75, for which he was alleged to be a defaulter. The board of supervisors of the county employed J. B. Chrisman, an attorney-at-law, to institute the suit, who commenced it by attachment, making the afSdavit of the non-residence of For-tinberry and his indebtedness to the county.
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Error to the Circuit Court of Lawrence County. Hon. A. G. Mayers, Judge. This was an attachment suit against M. M. Fortinberry, late treasurer of Lawrence County, for the sum of $3,062.75, for which he was alleged to be a defaulter. The board of supervisors of the county employed J. B. Chrisman, an attorney-at-law, to institute the suit, who commenced it by attachment, making the afSdavit of the non-residence of For-tinberry and his indebtedness to the county. The attachment bond showed in its body, as principal, “ The Board of Supervisors of the County of Lawrence,” and two sureties; and was…
1Opinion of the CourtChalmers., J.
Can the board of supervisors, acting on behalf of a county, sue out and maintain a writ of attachment ?
By § 1384 Code 1871, it is'enacted that any person having a just claim against the county, payment of which has been refused by the board of supervisors, may bring suit; and, when judgment has been obtained, “ the property of the county shall be liable for the satisfaction of the same, as in other cases; and the board of supervisors are authorized to sue, and may be sued, in the name of the board of supervisors of the county of , in all matters in which the county may be interested.” By the…
2Cases cited3 opinions
- Bank of Augusta v. ConreyMississippi Supreme Court · 1855
- Chandler v. SmithMassachusetts Supreme Judicial Court · 1817
- Thom v. SavageIndiana Supreme Court · 1819
3Cited by4 opinions
- Harrison County v. City of GulfportMississippi Supreme Court · 1990
- Rainey v. Hinds CountyMississippi Supreme Court · 1900
- Freeman v. Board SupervisorsMississippi Supreme Court · 1888
- Storz v. FinklesteinNebraska Supreme Court · 1897