Klein v. Board of Supervisors
Mississippi Supreme Court
Error to the Circuit Court of Smith County. Hon.,A. Gf. Mayers, Judge. The case is stated in the opinion of the court. The case of Klein v. Supervisors, 51 Miss. 878, expressly decides that “ the statute giving the right to sue a county does not embrace claims that have been allowed and warrants issued.” See also Green v. The State, 53 Miss. 148. This so-called warrant was and is open to all defences that the county might have against the plaintiff.
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Error to the Circuit Court of Smith County. Hon.,A. Gf. Mayers, Judge. The case is stated in the opinion of the court. The case of Klein v. Supervisors, 51 Miss. 878, expressly decides that “ the statute giving the right to sue a county does not embrace claims that have been allowed and warrants issued.” See also Green v. The State, 53 Miss. 148. This so-called warrant was and is open to all defences that the county might have against the plaintiff. The mere fact that the plaintiff, in his former suit (Klein v. Supervisors, 54,Miss. 254), denominated this instrument a warrant, and that the…
1Opinion of the CourtCooper, J.
This is an action brought by Klein against the Board of Supervisors of Smith County. The declaration states that the Board of Police of said county, being duly authorized by an áct of the Legislature of the State of Mississippi, approved November 30, 1860, appointed one J. Gr. Blackwell as their agent to purchase corn and other necessary supplies for the relief of those residing in said county who, in the opinion of said board, were in actual need and distress on account of the failure of the provision crop, occasioned by the drought in said county during the summer of 1860, and in order to…
2Cases cited4 opinions
- Board of Supervisors v. KleinMississippi Supreme Court · 1876
- Beaman v. Board of PoliceMississippi Supreme Court · 1868
- Klein v. Board of SupervisorsMississippi Supreme Court · 1876
- Green v. StateMississippi Supreme Court · 1876
3Cited by2 opinions
- Honea v. Board of SupervisorsMississippi Supreme Court · 1885
- Anderson v. Board of Supervisors of Issaquena CountyMississippi Supreme Court · 1898