Board of Sup'rs of Jefferson County v. Lessing

Citations

• 129 Miss. 1
• 91 So. 697

Syllabus

<p>Counties. . Supervisors’ failure for twelve months to allow damage claim for change in course of highway is the disallowance necessary as a precedent to suit; “refusal to allow.”</p> <p>A landowner, who has a claim against a county for damages to his land caused hy a change in the course of a public road of the county, who, before bringing suit thereon in the circuit court, presents the same to, the board of supervisors for payment, and the board over his protest marks said claim “Continued,” and takes no action thereon up to the time of the suit by such landowner in the circuit court, which was begun more than twelve months after such presentation to the board, has sufficiently complied with section 311, Code 1906 (Hemingway's Code, section-3684), requiring as a condition precedent to a suit on such claim that it first be presented to the board of supervisors for allowance, and be by it disallowed; for such action of the board amounts to a refusal to allow.</p>