City of Brookhaven v. Lawrence County

Citations

• 55 Miss. 187

Syllabus

<p>1. Claim against a County. Action thereon. Presentation, how proved.</p> <p>Section 1384 of the Code of 1871 provides that “ any person having a just claim-against any county in this state, which .the Board of Supervisors may refuse-to allow, may bring suit against such board in any county having jurisdiction,”' etc. In a suit under this statute the plaintiff may prove, by parol evidence,, the presentation of the claim to the Board of Supervisors and its refusal to* allow the same.</p> <p>2. Same. Presentation, \\ow made. What entry required.</p> <p>The purpose of section 1384 of the Code, in requiring a claim against a county to be presented to the Board of Supervisors as a condition precedent to the-right to sue thereon, is fully satisfied when the claim is presented to the board?, and it refuses to allow the same, whether any record of such refusal be made? or not. Section 1381 requires that “the order allowing such claim ” shall be-entered on the minutes of the board, but no statute requires an entry on the-minutes of a refusal to allow a claim.</p>