Board of Supervisors of Clay County v. Board of Supervisors of Chickasaw County

Citations

• 64 Miss. 534

Syllabus

<p>1. Statute. Revision of Acts of 1871 and 1872 creating Colfax County.</p> <p>In 1871 the legislature passed an act for the creation of a new county from parts of other counties, and provided that the new county should be entitled to its pro rata share of the county and school funds on hand. The county, however, was not organized under this act. In 1872 the legislature passed another act for the same purpose, embracing substantially the same provisions, but omitting the provision above referred to. Within one month after the passage of the latter act the county was organized thereunder. Held, that the second statute being a revision of, or a substitution for, the first, the provision of the first omitted in the second^ thereby became annulled.</p> <p>2. Same. Creation of new county. Claim, of new county to funds of old county.</p> <p>And without any statutory provision on the subject, the new county was not entitled to any of the funds of the old counties from which it was formed.</p> <p>3. Res Judicata. Decision of board of supervisors on claim against county.</p> <p>A board of supervisors cannot refuse to allow a claim against their own county and afterward plead successfully this judgment as a final adjudication of the same and in bar of a suit on such claim.</p> <p>4. Same. Appeal from decision of board of supervisors. Dismissal of suit. Effect.</p> <p>And when an appeal is taken from such a decision of the board of supervisors. to the circuit court and a judgment is taken dismissing the suit, or a non-suit entered, at the instance of the party appealing, such judgment of the circuit court cannot be set up by the county in bar of a suit against it on the claim.</p> <p>5. Chancery Practice. Setting down cause for hearing within five months after answer filed. Effect.</p> <p>While the setting down of a cause by a complainant for hearing within five months after the answer has been filed admits the facts stated in such answer,, any conclusions of law stated in th