Board of Supervisors v. City of Brookhaven

Citations

• 51 Miss. 68

Syllabus

<p>Claims Against a County : How and when they may he sued on.</p> <p>1. A party holding a claim against any county may present his claim to the board of supervisors for allowance. If they refuse to allow it, he may bring suit against the county in any court of competent jurisdiction. Code, 1871, § 1384.</p> <p>2. Or he may appeal to the circuit court directly from the order of the board rejecting or disallowing his claim, embodying the facts and evidence in a bill of exceptions. Code, 1871, § 1383.</p> <p>3. A creditor of a county has no access to the circuit court to have his rights adjudicated, until after his claim has been rejected by the board of supervisors.</p> <p>4. The statute does not intend that the county shall be unnecessarily vexed with suits and costs, and declares that every person who has a claim against a county must first submit it to the investigation and decision of the board, and must pass through the board before he can obtain a standing in the circuit court as appellant or as plaintiff in an original suit. And in a suit against the county, the fact that the claim was presented to, and disallowed by, the board must be averred in the declaration.</p>