City of Grenada v. Grenada County

Citations

• 115 Miss. 831
• 76 So. 682

Syllabus

<p>1. Counties. Liability. Statute.</p> <p>Counties are political subdivisions of the state and as such are immune from liability to the same extent that the state is. There can be no liability against either the state or a county unless it be expressly or impliedly created by statute.</p> <p>2. Municipal Cokpobations. Paving county property. Liability. Statute.</p> <p>Under Laws 1912, chapter 260, section 4, relating to paving, a municipal corporation has no legal right to impose liability upon a county or the court house property of the county for paving the street in front of it as the act'in question gives no such authority in law.</p> <p>3. Municipal Cokpobations. Paving. Manner of collecting assessments.</p> <p>Taking sections 23 and 25, Acts 1912, chapter 260, and reading them together, the court construed them to mean, that where the paving improvement had been made by the city, in a regular and lawful manner, and the property-owner in front of whose property the improvement had been made refused to pay for same, .suit may be filed in the chancery court to enforce the lien against the property, and in that manner collect the amount expended by the city for the improvement. But under section 25 of the act it is provided that no personal judgment shall be rendered against the property-owner, but that the extent of the judgment shall only be to condemn and sell the- property improved for the purpose of paying the tax assessed against it.</p> <p>4. Counties. Liability of county property for debt.</p> <p>The public property of a county used in the orderly administration of governmental functions in and for the public interest cannot be levied upon and sold under execution, nor can a lien for a debt against it be enforced by foreclosure and sale, as such procedure would be against public policy and would hinder and impair the administration of the governmental functions of the state and county.</p>