Board of Supervisors v. Klein

Citations

• 51 Miss. 807

Syllabus

<p>1. Mandamus: Pleadings. Practice.</p> <p>The common law character of the action of mandamus has been changed by the statute, § 1520 of the code, by which it is assimilated in “ the pleadings and other proceedings, as nearly as may be to an ordinary action for the recovery of damages,” and it is competent to make full inquiry into, and upon issue properly joined, determine the character and amount of petitioner’s demand in all cases where it is questioned.</p> <p>2. Same : County warrants ; when may be collaterally impeached.</p> <p>The general rule as heretofore prevailing in this state, that county warrants are in the nature of judgments conclusive, and not subject to collateral impeachment, is modified by sec. 1382, code 1871, and any action by the board beyond the limit of this restriction would be ultra vires, and the warrants would be void, and as such, their illegality may be questioned anywhere and in any proceeding.</p> <p>3. Same: Same: Evidence. Sec. 1382. Construction.</p> <p>The language of sec. 1382, “ dollar -for dollar, according to the legal or ordinary compensation,” prescribed to the board as the standard for their allowances, is not a restriction to the standard of cash prices. It is competent for the board to make allowances upon the basis of credit prices; if the issuance of the warrants is in anticipation of taxes to be collected. Hence evidence that the allowances made were at a rate equal to double the cash prices is insufficient to establish the illegality of the warrants. It cannot be inferred in the absence of any proof as to what is “ ordinary compensation ” upon a credit basis, that an allowance is excessive and above the ordinary compensation, from the fact that it was double the cash price.</p> <p>4. County Warrants : May be drawn upon different funds.</p> <p>Unless the claim is by law required to be drawn on a particular fund, the validity of a warrant will not be affected, because it is drawn upon a fund not appropriate to the cha